The robbery never stops. A contractor friend had the rough stripped on her personal home she was building. The EC said he wanted the same amount to replace the wire as he got originally, $8000 but he also wanted $4000 more to strip out the stubs of the wire that was left. One crime, TWO robberies. I can almost see the first $8k although he doesn't have to drill holes and mount/supply boxes and panels. They cost money don't they? The robbery comes in with wanting another $4k to clean up the cut wire. He also will not let her do the clean up herself. Personally I would fire the SOB and just pay him for work actually performed to date.
One side of me says, that I would think the same, I would want to be paid for my material and labor to date, and labor to re-work the job. Granted that is if I was not charged (in the spec's or contract) with the security of the site, and insuring the job site for theft and vandalism. (Something normaly done by the GC. Many of thier insurers are requiring burgler / fire alarms and cameras on the site.)
On the other-side, I could see cutting her some slack... But if she does sack 'em, she'll be paying someone else to do it... She might get a better deal, but would still be in court possibly with the first guy.
FYI, I have been geeking out in CA B&P and related CSLB laws in lexis nexis too much lately. Geeking, it's a bad habit. Not as bad as smoking, but still bad....
§ 945.5. Affirmative defenses A builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, can demonstrate any of the following affirmative defenses in response to a claimed violation:
(a) To the extent it is caused by an unforeseen act of nature which caused the structure not to meet the standard. For purposes of this section an "unforeseen act of nature" means a weather condition, earthquake, or manmade event such as war, terrorism, or vandalism, in excess of the design criteria expressed by the applicable building codes, regulations, and ordinances in effect at the time of original construction.
[This message has been edited by e57 (edited 12-01-2006).]
Mark Heller "Well - I oughta....." -Jackie Gleason
I have seen this several times and even got to experience it once. Let’s put this in perspective, if it were a commercial job and this happened who do you think would be responsible for fixing the problem?
Sorry, but this is why we carry builder’s risk insurance, and this is why we have contracts.
Our Military Academies have an honor code that reads: "I will not lie, cheat, or steal; nor will I tolerate those who do."
Now, look at that last part: I will not tolerate those who do." This is exactly opposite the ethic in some quarters of "minding your own business."
The first step in stopping this sort of thing is to not tolerate a thief. A man shows up with a toolbox of differently marked tools, you have to wonder. The guy just happens to have several tools that are usually company provided, you have to wonder. Some "supplier" shows up, with amazing deals in the trunk of his car, you have to wonder. Anazing deals at the flea market, pawn shop, or E-Bay, you have to wonder.
I have to doubt that these thefts are the activities of hard-core criminals, randomly driving around, who just happen to have the tools with them, and just happen to drive by your site right after you've installed the wire. I'd look for an "inside job." Someone near you is the thief.
And that's the real damage a thief does: he makes every man distrust his neighbor.
Otherwise, look to your jobsite practices. One site I was at had continual small losses ... up to the day a neighbor 'inspecting' the site was challenged. His visits stopped - as did the after-hours losses. Coincidence?
Likewise, open your ears. One site had some guys set up a poker game at lunch. One guy had a knack for losing. Things started disappearing. The thefts stopped the instant he moved on to another project. Coincidence? (Gambling's morality aside ... this is Nevada ... where there is no shortage of LEGAL games to join!)
The same applies to other after-hours activities. I'm sorry, but no good can come from a man who hangs out at bars, does drugs, or who always seems to have all sort of 'special deals' after work.
And, employer, look to yourself. I've known guys who prided themselves in their ability to bully / cheat / manipulate their crews. Crews are not stupid, and WILL collect ... one way or another. Many a thief has started out "just collecting what's due him."