ECN Electrical Forum - Discussion Forums for Electricians, Inspectors and Related Professionals
ECN Shout Chat
Top Posters(30 Days)
twh 10
Admin 4
Recent Posts
Windows 10, who's upgraded?
by ElectricianBud. 05/27/17 11:02 AM
How do you find a good employee?
by ElectricianBud. 05/27/17 10:58 AM
Recall notice: Bosch Solar panels
by ElectricianBud. 05/27/17 10:53 AM
Correct rotation, wrong sequence
by Potseal. 05/27/17 12:15 AM
Dryer, Range grounding from "Main" panel
by sparkync. 05/25/17 05:49 PM
New in the Gallery:
SE cable question
Popular Topics(Views)
236,907 Are you busy
171,915 Re: Forum
164,803 Need opinion
Who's Online Now
0 registered members (), 52 guests, and 9 spiders.
Key: Admin, Global Mod, Mod
Previous Thread
Next Thread
Print Thread
Rate This Thread
Page 1 of 3 1 2 3
#158686 - 08/07/06 08:54 PM Ripped Off  
HCE727  Offline
Member
Joined: Nov 2005
Posts: 186
Delaware County, PA, USA
What actions can you take when you do a job for a builder and he does not pay you. There was no contract, just a hand shake ( I know). I sent him Invioces, left messages, nothing. I have learned a lesson.


Hank

Business, Office, Estimating, Legal:

#158687 - 08/07/06 09:00 PM Re: Ripped Off  
Tiger  Offline
Member
Joined: May 2005
Posts: 706
Crystal Lake, IL USA
Talk with a lawyer and discuss a Workman's Lien on the property. If you know the owner, send them a letter of Intent to Lien.

Good Luck.

Dave


#158688 - 08/07/06 09:03 PM Re: Ripped Off  
Dnkldorf  Offline
Member
Joined: Dec 2004
Posts: 1,064
nowhere usa
Lien, before settlement.........

He can't sell it with a lien on it.


#158689 - 08/07/06 11:34 PM Re: Ripped Off  
macmikeman  Offline
Member
Joined: Jul 2002
Posts: 717
Honolulu, Hawaii
quote"also a credit check on any GC will help to avoid problems"

LK, have you actually ever been able to get a GC to submit himself to filling out a credit report application for you? You must meet up with much nicer contacts than I ever have.


#158690 - 08/08/06 02:06 PM Re: Ripped Off  
CDS  Offline
Member
Joined: Jun 2006
Posts: 34
Nicholson Ga
Had similar situation .
Builder is not always the man with the money .
Find the property owner or if he has a financial backer . Be nice to them but explain that builder refused to pay and you would like to avoid taking a lien . They may talk to the builder and get better results than you will .
It could be that the financier is unaware of builders practices . If this works you get your money without law fees .
1. Don't eat yellow snow
2. don't trust builders [Linked Image]


#158691 - 08/08/06 05:30 PM Re: Ripped Off  
PE&Master  Offline
Member
Joined: Feb 2006
Posts: 138
TX, USA
Send M&M notice to GC and to homeowner.

Send it certified, return receipt requested. There's some specific wording you need to have in it but when the homeowner has to go to the Post Office to sign for a letter, he'll know you mean business.

If the homeowner knows you've done work in his house you should be good to lien it. There are very specific timing rules for notices so be carefull on not letting the timeline slide. GC's go to school to learn how to delay payments till it's too late or u get too busy to spend time to collect.


#158692 - 08/08/06 07:40 PM Re: Ripped Off  
LK  Offline
Member
Joined: Jan 2003
Posts: 1,429
New Jersey
In my state, you need to file the intent to lean, before you start the job, advance notice to consumer that you intend to place a lean on the property, it is like this in many other states, so check you state laws.

"LK, have you actually ever been able to get a GC to submit himself to filling out a credit report"

We have a credit agent, do the credit check, we let the GC know up front, that we will check his credit, if he refuse, then we just don't take the job.



[This message has been edited by LK (edited 09-20-2006).]


#158693 - 08/08/06 07:57 PM Re: Ripped Off  
Tesla  Offline
Member
Joined: Jun 2004
Posts: 1,273
Sacramento, CA
Oral agreements are contracts...

If you have a contractor's license...

And if you performed...

You can legally claim.

Unsatisfied judgements are grounds for the GC to lose his license.

Unsatisfied judgements normally stand as claims against the real property, typically BEFORE all other debts as a 'mechanics lien'.

It's this preference that kills bankers interest in accepting a mortgagee position.

If the property is being financed... lien claims are a killer. ALL boilerplate from ANY lender REQUIRES that the borrower keep the property clear of all liens.

As general advice: never get so entangled with any specific contract that the cash flow ... or lack of... will bring you down.

Counting on EVERY customer/contractor to pay on time per the deal is a sure path to insolvency.

Any time the other party realizes that they have you over a cash flow barrel: you'll suffer.


Tesla

#158694 - 08/11/06 07:13 AM Re: Ripped Off  
LearJet9  Offline
Member
Joined: Apr 2005
Posts: 197
Millis, MA USA
We have found just a threat of a lien usually does the trick and when that fails, the actual lien really does the trick.


#158695 - 09/10/06 09:02 AM Re: Ripped Off  
Minuteman  Offline
Junior Member
Joined: Aug 2006
Posts: 6
Oklahoma
Quote
What actions can you take when you do a job for a builder and he does not pay you. There was no contract, just a hand shake ( I know). I sent him Invioces, left messages, nothing. I have learned a lesson.


Another thing you could do is track him down and talk to him face to face. Take a witness (like your wife or a small man - so he won't feel intimidated.) Do not threaten him.

Hand him an invoice. He may say that he hasn't been paid or that he has had some other issue. If he cannot pay right now, get him to sign the invoice (acknowledging recept}. Now you have a contract.


Page 1 of 3 1 2 3

Member Spotlight
Lostazhell
Lostazhell
Bakersfield, CA (Originally Orange Co.)
Posts: 1,429
Joined: February 2004
Show All Member Profiles 
Featured:

2017 NEC and Related
2017 NEC
Now Available!

Shout Box
Powered by UBB.threads™ PHP Forum Software 7.6.0
Page Time: 0.016s Queries: 15 (0.003s) Memory: 0.8200 MB (Peak: 0.9956 MB) Zlib enabled. Server Time: 2017-05-28 00:55:33 UTC