Anyone have any suggestions to how I can get someone to pay me my money?

[snowmobiler]

im about done trimming a muti million dollar 4500 sf new house in knotty alder.doors,windows,stairs and base.he talked me down to a dirt cheap price about 60 cents a sqft.and a "ïll make it right bonus at the end"LMAO.like ill ever see that.good luck getting the $.

 

[newmy1]

Take the 75% then beat the rest out of them.

 

[dmkhnr]

Send them a certified letter stating

Notice of Intent to lien
put their name
address
parcel number

This is a notice of intent to lien said property for works performed that were unpaid in the amount of $1,000.00. If payment isn't made by (10 days date) a lien in the amount of $1,000.00 will be placed on this property.

See if this gets any action out of them. You can even go file the lien at 10 days and it will be enforce for 90 days until it needs to be perfected. (most likely they won't know or understand).
It would prompt me to action if somebody threatened a lien against my house.

 

[EricW]

I've seen this happen to "others" before and you have to fight nasty with nasty. While on the project did you notice any other projects or improvements including the ones you did that would require a building permit that wasn't taken? Have they had a visit by the local building inspector lately? Have they had a vist by the local assessor lately so that all improvements can be added to their structure evaluation so they are paying the fair property taxes on it? Were any of the materials or labor paid for by their personal small business but actaully installed in the home? If so the tax folks will want to have a chat about that. Does the sprinkler system have a permit, was it approved, does it have proper anti-backflow (none of 'em do, very spendy)? Health dept. will want to know about that one. Do they have a tax re-sale number that they are using as a false business to buy the materials tax free? Do all bedrooms have coded ingress/egress sized windows, most folks call it a den then add the bed later. Inspector will be all over that one.

I could go on and on here but I don't want to sound like a cruel bastage who is willing to ruin the lives of someone who tried to short meon something as material as cash. I'm not like "others" lol. You get my drift here, compile a list of potential issues that will weigh up in $$$$ and headache way faster than just cutting you a check if you decide to shine light on them.

There are a ton of others I don't feel are forum appropriate, if you dont get resolution, pm me, I'll hook ya up with some good stuff.

Sorry your going through this, the days of verbal are over, better get a basic contract template from now on, and just in case, have your eyes open while on the job in the event you need ammo later like the "others" have had to. Have a good one. EW

 

[NDflatlander]

It seems like you can't do business with a "gentleman's handshake" nowadays. My dad and I do custom farmwork for people and have been screwed many times because of the "gentleman's handshake"

There are some good suggestions out there. Best of luck getting paid.

 

[knee deep in it]

Sorry Marcuso, but I think you are SOL. Without a written agreement, it is your word against thiers. if it ends up in small claims court, they will produce the other written estimates and they will win their case + court costs.

In the future, agree to an hourly rate and then have them initial a time card. If it is a lump sum agreement, get it in writing as the agreement only has to be a few lines long. Changes to the scope of supply can then be added and initialled by both parties. you should be able to download a time card and a change order from the internet.

It sounds like they were surprised by the increased price. This is a communication break down and it is going to cost you money.

 

[skidoorulz]

Start an online forum and charge everyone on there $10.

SHEET!! That's what I was gonna say. Either that or hire Christopher

 

[dragon12]

Send them a certified letter stating

Notice of Intent to lien
put their name
address
parcel number

This is a notice of intent to lien said property for works performed that were unpaid in the amount of $1,000.00. If payment isn't made by (10 days date) a lien in the amount of $1,000.00 will be placed on this property.

See if this gets any action out of them. You can even go file the lien at 10 days and it will be enforce for 90 days until it needs to be perfected. (most likely they won't know or understand).
It would prompt me to action if somebody threatened a lien against my house.

At the very minimum it could cost them money to hire a lawyer to review the lien and get it released if it is not legit. Becomes their problem. Get your 3k first.

They might be willing to settle the rest after you put the heat on them. Always a big pain in the a$$ collecting money for work that has been completed.

Did you promise a warranty on your work? If so, not any more.

 

[MARV1]

Send in your wife to straighten out his wife, lol. No warranty like stated above too, valves can have problems of their own and sounds like the guy doesn't know squat.

 

[catmandoo]

Marc, just put a builders lien on it, very easy to do in alberta.

 

[KSH]

Have you seen the other quote?
Doe's anything differ between what was quoted and what you actually did?

They are probably just trying to get you to come down on the price.

Get what ever money you can, just endorse the check partial payment.

 

[dmkhnr]

I like what EricW wrote.
Be perceptive. I had another situation this last summer with a guy who I did a foundation for.
He called me up to do a patio and new front entry on his neighbors home. He had me meet him out on the property and explained to me how he doesn't want an engineer involved, no building permits and wants him and I to do the project together. Well I work up an estimate and a materials list, I conference with him over the phone on several occasions giving him input on the correct materials to make it structurally sound. As the job progressess I keep getting put off on the start date, I pay a visit to the job site and he is prepping the patio for a pour. He explains that he will do the patio and then have me come in and do the framing. I figure that would be O.K I'll just make my money with a framing bill and be done with it. Again 2 weeks goes by and after a couple calls I decide to pay the job a visit again. Well he's out there framing it, has the front entry torn apart, and several amigo's running around with saws and hammers. I was the last person he expected to see on the job site. PERCEPTION IS KEY. I told the guy that I really have no interest in working on a jobsite where there is no building permit, or engineering but I would take a check for my time that I had put into the planning. He immediatly got my drift asked me how much I wanted, I said $1000 he said $500 and I took it. Saved me a phone call to the building dept.

 

[ccoleman77]

Not sure about Canadian laws. But we have run into things like this before. Some days you are miles ahead not having a written agreement due to a law called unjust enrichment. Pretty much what it means is that if they had you doing the work and knew the work was being done they have to pay the going rate for the work being done. And well since you just did the work you get to set the going rate.

 

[brushwolf]

Do not play nasty at this point... I would write them a letter stating your position and the agreement that you had with them. Offer to meet them in the middle and split the difference. Tell them that you will only pursue the matter further if you cannot come to a resolution in say 10 days or so. Ask that any offer of a settlement be sent to you in writing and if this is agreeable then send payment with the answer.


Be nice but firm... If you write your letter in such a waay that it illicits a response that amounts to an admission that you had a verbal contract then you can later use that in court to back up your claim of a verbal agreement. If they do nothing and you have to take them to court then you also have evidence that you did make an attempt to reach a settlement.

Forget the whole amount thing and chalk it up to experience so that the next time you do a job such as this you will ask to be paid weekly or bi weekly and make that part of your agreement. They were thinking 3K and they were not adding up the hours and are now in sticker shock..Write off the difference and call it tuition.


p,s, I have found that when people don't pay you and say they don't have the money that it really means that they don't have any money for YOU. By being a thorn in their side I can assure you that my name gets moved on their list of people to pay to the top of the list.... I have also learned that if I communicate more effectively and educate the consumer that it goes much smoother and a large part of my business is referral driven and referrals are jobs that are already sold if you can meet a price point that they are comfortable withj.

 

[AZ800]

What's "little miss pissy pants" look like?
Could ya get $900 worth of "excercise" out of her?

 

[X-it]

Don't feel bad Marcuso i have not even been paid for my last 4 jobs.

 

[JSCC]

Do not play nasty at this point... I would write them a letter stating your position and the agreement that you had with them. Offer to meet them in the middle and split the difference. Tell them that you will only pursue the matter further if you cannot come to a resolution in say 10 days or so. Ask that any offer of a settlement be sent to you in writing and if this is agreeable then send payment with the answer.


Be nice but firm... If you write your letter in such a waay that it illicits a response that amounts to an admission that you had a verbal contract then you can later use that in court to back up your claim of a verbal agreement. If they do nothing and you have to take them to court then you also have evidence that you did make an attempt to reach a settlement.

Forget the whole amount thing and chalk it up to experience so that the next time you do a job such as this you will ask to be paid weekly or bi weekly and make that part of your agreement. They were thinking 3K and they were not adding up the hours and are now in sticker shock..Write off the difference and call it tuition.


p,s, I have found that when people don't pay you and say they don't have the money that it really means that they don't have any money for YOU. By being a thorn in their side I can assure you that my name gets moved on their list of people to pay to the top of the list.... I have also learned that if I communicate more effectively and educate the consumer that it goes much smoother and a large part of my business is referral driven and referrals are jobs that are already sold if you can meet a price point that they are comfortable withj.

This is the best advice given. Take it.
If you are wanting more work, and would like a referral, use the difference as a bargaining chip for another referral.
If you want to be nasty about it, you need to separate yourself from it. Hire a collection agency to do it for you.
A good customer will tell three people about you. A bad one will tell 12. Which one do you want.

Good luck.

Most of us in this business have written off plenty of money from bad paying customers. We all have to choose the amount we are willing to "let go". You must do the same.
Sucks huh?

 

[Saturday Cowboy]

long time listener first time caller. You guys are forgetting one of the most effective means to get what you want from people. Its in the bill of rights. Simply creat yourself a sign with some slogan like "delingent home onwer will not pay contractors" and go stand out side their house. Thats sure to gather some attention from the neighbors, and to make them look bad. Be sure to call your local PD and have a small chat for advise and tips before doing so. As it may vary as to if you need a permit and just where you can stand. this is how scum bags afford all thats stuff as they never really pay for it.

 

[AmericanOutlaw]

I would just go over there and have a discussion with them.Tell them you agreed on a price and they should honor it.When they bring up the other quotes tell them they should have gone with them before the work was done then.
If they still refuse take them to court and play the tape from your conversation with them.

 

[togwotee9]

As a fellow contractor I feel your pain, I deal in commercial/industrial projects. You really have two options, take the $3K walk away, or sue them (I don't know if Canada has small claims) if you have to hire a attorney that will suck up $500 in a flash. leaving you at the mercy of the judge, chity deal, happens quite a bit in this economy, we just Had to take a $30K hit on a Home Depot in State College, PA the GC got in to problems, basically said this is what we will pay you, take it or leave it. As they say you can't get blood from a turnip.

I would take the $3K and walk away with another life lesson in contracting 101

Good Luck