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Started By
Message
Received fake legal letter from contractor.
Posted on 4/17/21 at 5:35 pm
Posted on 4/17/21 at 5:35 pm
I hired a contractor to do a small renovation job inside my home. The job was supposed to be completed in three days. After day six, the job wasn't even close to being done, the contractor stopped showing up and I had to hire two different people to either complete the job or redo the shoddy work done by the first contractor. I received an invoice for more than the agreed amount and told said contractor to pound sand. I offered to pay for the one job they did to my satisfaction but got no response. A couple of weeks later I receive a fake "legal" demand letter for the original agreed upon amount when they didn't do half the work. I know it's fake for numerous reasons, one being I google the name of the lawyer and came up empty. I'm now withdrawing my original offer and daring them to take me to court. The amount were talking about wouldn't be worth pursuing anywhere other than civil court. You baws got any next move advice? I ain't got time for this.
Posted on 4/17/21 at 5:36 pm to Adajax
Stop twiddling your thumbs and file a civil suit
Posted on 4/17/21 at 5:37 pm to Adajax
You should back charge him for the amount you had to pay above and beyond due to shorty work and walking off the job. That’s what real construction companies do when subs don’t perform.
Posted on 4/17/21 at 5:43 pm to Adajax
quote:
daring them to take me to court.
Dependant upon what State you live in. If contractors and suppliers don’t get paid on a construction project they can file a lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
Posted on 4/17/21 at 5:43 pm to Adajax
This in Louisiana? Check the LSBA website to confirm if he’s an attorney in Louisiana. If not, consider contacting the lsba to report someone practicing without a license.
Posted on 4/17/21 at 5:49 pm to Adajax
This is not legal advice I’m offering, but more basic rules of contracting. If you signed a contract with the contractor, you should refer to the language in the contract for guidance on how to remedy issues related to lack of performance. It is always prudent to formally notify a contractor in writing that you will be defaulting them.
The main issue I would tell you to look into is whether or not the contract was recorded with the clerk of courts in your county/parish. You need to look through the contract to see what lien rights the contractor has, if any.
My advice is to hire an attorney who specializes in construction contracts and find a way to quickly default the contract for a one-time fee.
If there is no signed, recorded contract, I’m not sure what to tell you.
The main issue I would tell you to look into is whether or not the contract was recorded with the clerk of courts in your county/parish. You need to look through the contract to see what lien rights the contractor has, if any.
My advice is to hire an attorney who specializes in construction contracts and find a way to quickly default the contract for a one-time fee.
If there is no signed, recorded contract, I’m not sure what to tell you.
Posted on 4/17/21 at 6:04 pm to Southof10Tiger
It was an oral, handshake contract in LA. I'm taking him to small claims court for the shoddy work I had to have redone and for a fireplace mantle they cracked and left holes in.
Posted on 4/17/21 at 6:22 pm to Adajax
quote:
taking him to small claims court for the shoddy work
Or do what I did in this situation.
Realize it isn't worth your time to go after him. Realize this dude is a shite bag who won't have the money to pay you when you win in court. So just laugh right in his face when he "demands" payment and tell him to get fricked. He will disappear with the quickness.
Posted on 4/17/21 at 6:22 pm to Adajax
If he used a nonexistent lawyer call the bar association and district attorney.
Posted on 4/17/21 at 6:36 pm to Adajax
Go over to his house and bend his wife over to get even.
Posted on 4/17/21 at 6:42 pm to Bulldogblitz
quote:Pics first, por favor.
Go over to his house and bend his wife over to get even.
Posted on 4/17/21 at 6:48 pm to Diamondawg
quote:
por favor
Key phrase
Posted on 4/17/21 at 7:54 pm to Adajax
Congrats on the new lien on your house!
Posted on 4/17/21 at 9:43 pm to Adajax
How long since he last worked in the property? Was the letter send certified/registered? Are you aware of any subcontractor or supplier that wasn't paid?
I had a roof contractor walk off the job because his contract called for new felt on the roof shingle replacement and he had his crew remove shingles and leave the old felt up w/o putting down new. They had nailed in about four squares when I came home, caught them and shut them down. The contractor got pissed he was caught, pulled his crew and tried to remove the roofing materials in my driveway. I told him he was trespassing and to get off my property. He refused and told his crew to keep loading. I called the police. They arrived and stopped him and I said I was pressing charges for trespassing and theft of materials. The contractor told the police I hadn't paid for labor or the materials yet. I explained to the police officer that the materials "on my property" are my property. Whether I paid for them or labor yet was a civil matter. He agreed, made the guy remove the materials from his truck and restack while they watched. I chose not to press charges.
The next day, I hired another contractor, who did the job correctly. I called up the first contractor, told him to bring me the invoice for the materials and I would pay the materials suppliers directly. When he arrived, I took the total original price we had agreed upon, deducted the materials he had brought over and deducted the cost from the other contractor, plus the cost of the new felt I had the other contractor supply. When I did that, there was about $650 left over. I handed him a waiver of lein to sign, already filled out and told him to sign it and I would pay him or don't sign it and he could take me to court. He was pissed off and complained that didn't cover his labor costs. Told him to pound sand. He shouldn't have walked off the job and left my roof open and exposed and he was lucky it didn't rain or I'd have been suing him for damages.
He signed it. I handed him his check and he left. But boy was he pissed. He was pissed so much that later that night he showed up at my house near midnight, drunk, drove his truck up into my yard, clipped my brick mailbox and destroyed it and was pounding on my door to pay him the full amount. I called the police and they showed up and arrested the guy for DUI, criminal trespass and property damage. He copped a plea deal and paid restitution for the mailbox to be rebuilt. Never saw or heard from him again.
Good luck with yours, though.
I had a roof contractor walk off the job because his contract called for new felt on the roof shingle replacement and he had his crew remove shingles and leave the old felt up w/o putting down new. They had nailed in about four squares when I came home, caught them and shut them down. The contractor got pissed he was caught, pulled his crew and tried to remove the roofing materials in my driveway. I told him he was trespassing and to get off my property. He refused and told his crew to keep loading. I called the police. They arrived and stopped him and I said I was pressing charges for trespassing and theft of materials. The contractor told the police I hadn't paid for labor or the materials yet. I explained to the police officer that the materials "on my property" are my property. Whether I paid for them or labor yet was a civil matter. He agreed, made the guy remove the materials from his truck and restack while they watched. I chose not to press charges.
The next day, I hired another contractor, who did the job correctly. I called up the first contractor, told him to bring me the invoice for the materials and I would pay the materials suppliers directly. When he arrived, I took the total original price we had agreed upon, deducted the materials he had brought over and deducted the cost from the other contractor, plus the cost of the new felt I had the other contractor supply. When I did that, there was about $650 left over. I handed him a waiver of lein to sign, already filled out and told him to sign it and I would pay him or don't sign it and he could take me to court. He was pissed off and complained that didn't cover his labor costs. Told him to pound sand. He shouldn't have walked off the job and left my roof open and exposed and he was lucky it didn't rain or I'd have been suing him for damages.
He signed it. I handed him his check and he left. But boy was he pissed. He was pissed so much that later that night he showed up at my house near midnight, drunk, drove his truck up into my yard, clipped my brick mailbox and destroyed it and was pounding on my door to pay him the full amount. I called the police and they showed up and arrested the guy for DUI, criminal trespass and property damage. He copped a plea deal and paid restitution for the mailbox to be rebuilt. Never saw or heard from him again.
Good luck with yours, though.
This post was edited on 4/17/21 at 9:48 pm
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