Cust Won't Pay...can I Remove My Installed Materials

Ouch

I have a customer who is sandbagging me on the final payment for a 170 floot privacy fence that I installed. She paid half up front....but is withholding the second half. She says that she is very happy with the fence.

Mechanics lien is OK......but that turns into a lawsuit and that gets expensive.

I can remove half the fence very quickly and at least salvage material costs on the pickets and rails (I'm installing a fence at my own house).

Does anyone have knowledge as to my rights in terms of removing work that is already installed?

MALCO.New.York

Who ACTUALLY made the physical PURCHASE of said Materials.

You? They are yours.

Her? And you will commit a Crime by removal. Larceny at the Least.

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Chris Johnson

You remove that fence and you will get yourself a new pair of bracelets, and a long date with Bubba.

You are looking at this personally, look at it as a business and you will understand better.

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Chris

KentWhitten

As much as it sucks, you would be the bad guy. Have to go the legal route. Time to foreclose on the lien.

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Custom Cabinetry - Portland, Cape Elizabeth, Scarborough, Kennebunkport, Yarmouth, Falmouth, Cumberland, Ogunquit, Maine

Salmon Falls Cabinetry

Gus Dering

Once the product is installed it belongs to her.

Remove it and you are stealing. In the eyes of the law anyway.

Sucks but is what it is

ChainsawCharlie

Why the refusal to pay?

480sparky

Material laying around on the job site belongs to the person who has paid for it.

Once it's installed, it's considered real estate and belongs to the property owner. Whether or not if you've been paid makes no difference.

If you go rip up half the fence, you would then become a criminal.

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Site : the area or exact plot of ground on which anything is, has been, or is to be located.
Sight : The power or faculty of seeing; perception of objects by use of the eyes; vision.
Cite : To mention in support, proof, or confirmation; refer to as an example.

Five Star

i once kidnapped a customers new patio set after they were ducking me for 6 mnth!

and after they paid me CASH i left it on the main street 3 blocks from his house!! he was picking it up in his new BMW!

OHHH THE YOUTH DAYS OF CONTRACTING!!!

you could never get a way with this today! ask her nicely whats the problem, maybe she can make you payments,!

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JonM

Do you guys actually know the answer to this question or is it conjecture? I'll bet the cop will tell her its a civil matter...

greg24k

You have a few options.
Try to resolve the issue... why she is not paying you.

Sent her certified letter requesting that the amount is past due.

If you don't hear anything within a week time.

Sent her a second certified letter, requesting the balance payment within a certain time period (5 days), and if not received, a lawsuit will be filed for a breach of contract in the whole amount of your contract. (You do have one I assume?)


That is a general rule of process in many states.

Before you do all that ... I don't know what State you from, but if you must be a registered contractor to work in your state and you not registered... Say good buy to your money, nothing will help you, because you performing work illegal and that falls under Consumer Fraud act, as I am sure every state has that.

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rbsremodeling

The removal of the property is not always a crime it varies.

But if you remove the property the job becomes unfinished.

Then you create a legal matter for yourself not having the job completed.

One post wonder probably a homeowner but I figure it may help out other contractors in this position

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enforcer

REMOVE THAT FENCE IMMEDIATELY...ANYONE calls you, deny it. do NOT let her get away with this..i did this once a while back and did'nt get arrested..the police called me and i said i had no idea what they are talking about and refused to answer any further questions.i gave them the number of my lawyer and that was the end of it.

rbsremodeling

I agree in principal but if it goes to court the fence is no longer completed and may cause a problem with him collecting the full balance if the opportunity arises.

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480sparky

Yes... if the police will tell her that the payment (or lack of it) is a civil matter.

However, if half her fence goes AWOL, it becomes a criminal matter. If the OP took it or some crack-head did, it's a criminal matter at that point.

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Site : the area or exact plot of ground on which anything is, has been, or is to be located.
Sight : The power or faculty of seeing; perception of objects by use of the eyes; vision.
Cite : To mention in support, proof, or confirmation; refer to as an example.

JonM

How about if he just burns it down?......

or

decorate it...

nEighter

/\ that is what I was thinking.. thought sparky would lend a hand at coming up with a way to have freak electrical fire that would burn down the fence

rjconstructs

How will you be able to get the fence without her knowing?
File a lien, get an attorney.

Leo G

Flaming arrows?

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WarriorWithWood

Go ahead and rip it down, nothing will happen. Just make sure you post pictures of before and after here.

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www.bowmanch.com

Magnettica

We should all stop paying off our credit cards like customers do when they stick it to us without paying. Oh wait, if we do that we'll be screwed, not the credit card company.

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