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Looks like I made a mistake....

3

383 240z

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Joined
Dec 4, 2006
Messages
4,295
Location
Findley Twp. Allegheny Co.
So my contractor has stopped returning my calls, ignores my texts and has pretty much fallen off the planet. I'm out $8k, my shop is on indefinite hold. All the excavating is complete (I did that). All I have to show for my troubles is the trusses. I was supposed to have them and all the lumber.

From what I can gather he has satisfied the "letter of the law". He took my money and has provided materials. Therefore he has "started the project" we exchanged goods for money. I'm sure I will never see him again.

The worst part is once I order materials and start doing it on my own, he can claim that I broke the contract and he walks away scott free.

I know the banks he cashed my checks on, I'm contacting the Pennsylvania AG on Monday to file a formal complaint. Yet again I'm reminded that people ****.
 
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reader2580

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Dec 31, 2014
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14,516
Location
Minneapolis, MN
Is the contractor licensed? If so, check if your state has a contractor recovery fund. Minnesota has a contractor recovery fund that pays out when a homeowner "suffered a direct and out-of-pocket loss due to fraudulent, deceptive, or dishonest practices, conversion of funds or failure of performance that arose out of a contract directly between the licensee and
the homeowner."

In Minnesota you do have to jump through some hoops to recover your money. You have to go through the courts. A co-worker had a job done totally wrong by a contractor. The contractor never fixed it so he got money from the fund to have another contractor tear it out and redo it.
 
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usa#1

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Jul 30, 2008
Messages
391
Hopefully you have a bill of sales for the materials. If contractor didn't pay for them the material supplier can lien you for payment.
 
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Renegade1LI

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Mar 11, 2018
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4,941
Location
long island ny
I am a licensed insured legal contractor, something doesn't sound right, at the very least I would be waiting to meet with him at his shop or office. The next step would be contact your attorney, hopefully you have a signed contract and if he is in default you could initiate a civil suit. I've seen contractors and subs respond quickly to the first legal request, if the guys not legit it will need much harder. It ***** that it has to come to that but there are a lot of bums out there.
 
K

karoc

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Dec 19, 2017
Messages
1,998
Location
Hemphill Tx
8K would shut me down, no way I could recover from something like that. Was this contractor recommended to you by someone or found on net? I would start with the place that may have recommended this company see what they have to say. Learn little about the contractor which may be others who is also having problems with this company.
 
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NETexas

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Aug 20, 2015
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Attached
I had the same thing happen to me about 30 years ago. My best friend was an attorney and he sent a registered letter to the contractor saying he was representing me...The contractor had a crew over working on it the next weekend. Didn’t have any problems after that.


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CTyankee

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Jan 13, 2013
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3,792
Location
CT
Renegade1LI said:
I am a licensed insured legal contractor, something doesn't sound right, at the very least I would be waiting to meet with him at his shop or office. The next step would be contact your attorney, hopefully you have a signed contract and if he is in default you could initiate a civil suit. I've seen contractors and subs respond quickly to the first legal request, if the guys not legit it will need much harder. It ***** that it has to come to that but there are a lot of bums out there.
Click to expand...

Agree..Filing a formal complaint might not get the results you seek..and even so certainly not in a timely manner. I'd take a more pro-active approach and do anything and everything legally to personally get this guys attention. JMO.
 
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yeldogt

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Jan 2, 2012
Messages
18,184
How long has he been gone ?

Have you fully read the contract .... do that.

How much is the material worth ?

I would do the simple things ... legal may be required . .but, it cuts into 8k - materials quick
 
K

Kaizen

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Jan 9, 2015
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6,948
Location
New England
Is he alive? COVID is always my first thought.
I’d go to his house and see


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nafterclifen

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Nov 22, 2014
Messages
525
Location
Poconos, PA
$8,000?!? I would definitely be working to track him down to have a face to face conversation. I would likely record the audio and video too.
 
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Will Allen

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Dec 3, 2017
Messages
200
I recently retired after having my own construction business for forty years. The last 30 I only worked on municipal/ government type projects.

But I remember doing residential projects ever since I was 18. Back then you never got paid in advance for anything. I learned quickly how to avoid people who would be troublesome when it came time to get paid. Getting paid in advance for work is still a concept that boggles my mind. It puts all the power into the contractors hands.
 
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Don1357

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Apr 15, 2019
Messages
948
Location
Palmer, AK
In the strange land of Alaska (where outside of the cities permits are not required for anything, or plans for that matter) I had my garage built without even a contract. The way it worked was for the contactor to work out the materials list with the lumber company, I paid said lumber company directly, and the contactor build it, getting payment in full when he was done.

In the lower 48 the sensible modus operandi is to only advance as much payment as you are willing to lose. I know it doesn't help you now but next time check references and don't advance so much money at once, give him an incentive to come to work and milestones where you can fire him and get somebody else to come finish the project.
 
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OP
3

383 240z

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Dec 4, 2006
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Location
Findley Twp. Allegheny Co.
The last contact was 1-13 at 1:34pm The conversation was normal, we were discussing a start date. After that it was radio silence.

I gave him a $3000 down payment on 10-16, that was to get my trusses on order. Then on 1-7 i gave him another $5000 to get the lumber on site, next payment due after framing was complete.

When I asked for a start date he said "We should be good to go very soon".

I'm contacting the Ohio State Police since he lives in Alliance Ohio, I however am a resident of Pennsylvania, that makes this interstate fraud. I will be asking for them to go along with me when I visit his residence. I've contacted the family attorney asking for advise on how to proceed, I doubt I will hear anything from them before next week.

He said he was bonded and insured, I was lazy and didn't check in on that, more things for me to do on Monday.

I'm not going to lie, $8K is HUGE amount of money to me, I put a ton down on my house, I'm still paying off my last degree. Even though I had managed to have enough saved in cash to build this shop, I don't know if I have enough left to do it myself.
I have the knowledge, I have the skills and the experience, the time however, that is another story. I'm averaging 50-55 hours at my real job, plus taking care of my mom. And its not like setting poles for a 16' side wall is a one man job. Oh well, lessons learned, expereince gained.
 
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justanengineer

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Apr 5, 2011
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7,722
Location
Motor City
So the guy gets busy for 10 days and you’re calling the cops, lawyers, and state AG? Good grief, I hope you don’t expect to ever need a reasonably-priced contractor in that area again. Reminds me of the PITA marketplace buyers who forget that feedback works both ways.

JMO but if $8k is “huge”, you shouldn’t be building anything larger than a shed bc you can’t afford it.


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OP
3

383 240z

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Joined
Dec 4, 2006
Messages
4,295
Location
Findley Twp. Allegheny Co.
justanengineer said:
So the guy gets busy for 10 days and you’re calling the cops, lawyers, and state AG? Good grief, I hope you don’t expect to ever need a reasonably-priced contractor in that area again. Reminds me of the PITA marketplace buyers who forget that feedback works both ways.

JMO but if $8k is “huge”, you shouldn’t be building anything larger than a shed bc you can’t afford it.


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Click to expand...

Well sir, you are certainly entitled to your opinion.
The truth of the matter is yes, something could have happened to him. I’ve called every other day, and have sent several texts. At one point I got a “this voicemail box is full” message. Today when I called it had been emptied.

One text from him, 30 seconds out of his day would have stopped all of this. All I’ve asked him for is a start date. I’ve not accused him of anything yet. I am however getting my ducks in a row.
 
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Hobby_Man22

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Nov 16, 2020
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3,581
Location
tx
nadogail said:
When after receiving your advance payment; your contractor shows up in a new truck, you are in trouble.
Click to expand...

They all drive new turbo diesel trucks. All they do is drive around looking for jobs to do then pick and choose. Some of these guys will drive from two hours away.
 
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Tim Kennedy

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Oct 16, 2011
Messages
368
383 240z:
I'm not far away -- Butler area -- if you need help/hand trying to get this project moving forward -- while you try to resolve this issue -- get in touch via a post on here -- [ not sure how to do the PM thing thru this forum]. I've got some time & tools.
I have no problem helping you.
Hey -- justanengineer -- I'd be willing to bet $8k is a "huge' problem for the vast majority of posters on this forum -- nothing like kickin' a guy when he's down!
 
D

Don1357

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Apr 15, 2019
Messages
948
Location
Palmer, AK
justanengineer said:
JMO but if $8k is “huge”, you shouldn’t be building anything larger than a shed bc you can’t afford it.


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Click to expand...

Sadly not everybody can be a millionaire like you. Me, I'm a senior systems engineer making senior systems engineer moneys and losing $8k would be huge as well. It has absolutely nothing to do with affording a garage, and everything to do with affording to lose money like that.
 
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tarmy

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May 28, 2014
Messages
4,670
Location
Nor Cal
yeldogt said:
How long has he been gone ?

Have you fully read the contract .... do that.

How much is the material worth ?

I would do the simple things ... legal may be required . .but, it cuts into 8k - materials quick
Click to expand...

Read the contract...what are the provisions regarding money, performance and dispute resolution?

I would hope you read it BEFORE you signed it as well...

Good luck OP...
 
6

67fastback

Member
Joined
May 10, 2020
Messages
7
Location
Pelham, Ontario
I had the same problem. Turns out the guy had been doing this all over the province. He would change business names frequently so no one would catch on. Had to file a lawsuit and harass him until he finally started paying me back. It’s been over a year, and I’m still receiving payments.
 
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CraigStu

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May 22, 2014
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4,023
Location
Blacksburg, Va
383 240z said:
Well sir, you are certainly entitled to your opinion.
The truth of the matter is yes, something could have happened to him. I’ve called every other day, and have sent several texts. At one point I got a “this voicemail box is full” message. Today when I called it had been emptied.

One text from him, 30 seconds out of his day would have stopped all of this. All I’ve asked him for is a start date. I’ve not accused him of anything yet. I am however getting my ducks in a row.
Click to expand...
I agree. I could write a check for $8k but I want to receive $8k worth of something, not $3k worth of trusses. One day the contractor who was doing my garage addition didn't show but his 3 guys did. We were getting worried because he didn't answer. He got there about 1030am. His phone had a massive fail, he had to get a new phone right then, and the store didn't open til 9am. Your guy's main problem isn't his work, it is his lack of communication and I see no way to excuse that for 10 days. Best wishes to you.
 
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gizardlizard

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Aug 29, 2019
Messages
726
Location
Madison, WI
I agree with you 383 about a quick 30 second text or phone call. It’s all about communication. I have a close friend who’s a roofer. He doesn’t allow his employees or himself phones while on the roof. However, on his drive home, he calls back each and every person who called him that day and if he makes it home before the last person is called back, he sits in his truck until they have all heard from him. Just getting a call back from the contractor in a timely fashion is huge.
 
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csi123

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Mar 26, 2013
Messages
97
Sign up voip.ms and make up an outgoing caller id from Ohio to call him. You can change your number as often as you like.
 
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ooba tooba

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Jan 13, 2014
Messages
744
Ran a stone fab shop for a contractor for 5 years. He was well known, and everyone had good things to say about him. Most of them also said he burned them at some point. He got rich undercutting his employer (his own dear old dad) on some land to build his first gaggle of cracker boxes in a sub. He eventually burned me as well. Laid off permanently on Christmas Eve with no notice (after completing a 60 hr wk big dollar job). Had 2 babies at the time. I made sure to let all of my clients at my next job know his “American” cabinet company was just a depot for his Chinese built cabinets. All of those guys have inflated egos, and aren’t easy to deal with. I’m surprised more of them don’t go into politics.
In your case, it’s too soon to take legal action. He probably just got a higher paying gig (he’ll get to yours when he can) or is looking for future work for the spring. Best suggestion is meeting him at the office when he arrives.
* Did a large multi unit job through a different contractor once (they knew I was a new shop owner and needed money) and could not be reached for payment when it was completed. On day 28 I personally delivered the copy of the mechanics lien on the building (meaning the renters wouldn’t be able to move if they wanted until the debts were paid by the building owner. I was called 3 times within the next few hours and a check driven over to my shop by their office associate. Jerks.
 
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lml999

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Oct 18, 2016
Messages
153
Location
Cape Cod, MA
I had a contractor disappear once, just after cutting the hole in our roof for a shed dormer (we were adding a bathroom to a cape style house).

Turns out he had been arrested for an outstanding warrant, something about unpaid traffic tickets. Couldn't make bail, sat in jail for a couple of days.

In the meantime, I had to find another contractor to provide and secure a *large* tarp over the hole, as we had a pretty significant rainstorm on the way. Finding a *second* contractor to do this was a real challenge...

Eventually the first guy showed back up. He was a dipshit. From this I learned never to take the low bid...

Speaking of low bids, the low bid on installing our woodstove appeared to be lower than the cost of the parts required (stainless liner, etc.) Needless to say, I didn't go with that guy. I chose a CSIA certified sweep at over 2X the low bid, and everything went fine.
 
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Will Allen

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Dec 3, 2017
Messages
200
I was on a project one time and the Sheriffs Deputy was sitting in his car for quite some time. Turns out he was waiting for the concrete guy to finish troweling the slab before they took him to jail for smacking his wife around. Never saw him again.
 
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