Demand Letter To H/O

Shelby Renos

Had a small job thru a friends (I Thought)referral, gave H/O a rough estimate not a quote on the job. They gave me the go ahead for work and my stupidity no contract was made, guess I trust to many people. All of a sudden H/O tells me he is only going to pay me 60 % of my hours so far and didnt want my to continue job which probably had 1 or 2 hours left to complete. Says I did this wrong and did that wrong, my work was performed with my usual high standards but this guy was looking for any little excuse to come to his conclusion. Even if there was a problem I would have fixed it but I believe this guy was looking for any excuse to get out of paying me the hours I worked. Any way he tells me they are only going to pay X amount way to low or I should get a lawyer. I said forget it Buddy your on, so I drafted a letter Demanding full payment for the hours I worked to that point, and to pay within 10 days of receiving the letter or legalities will escalate.
I sent the letter Registered mail and tracked it on the internet, apparantelly the guy was not home when the mail carrier tried to get him to sign (right), so the letter is sitting at the post office.

Should I go ahead and place a lein on his house or get a lawyer involved, I do know where the guy is employed quite a public place and I have not received any payment what so ever from this guy, the amount owing is only $1600.

Any advice would be appreciated,

SR

precisionbuild

You need to send a letter of intent to lien (before you lien) and you can also file it at the magistrate. Do both of those and see what happens.

Tiger

Nice first post. Welcome to the school of hard knocks. Next time sign a contract. Good luck with the collection. You can lien the property but it probably won't get the $$$. It's not worth legal fees, try small claims. Then have a lawyer help you with Terms & Conditions on a contract.

Rx8

Sorry about your luck bro, its disgusting how many people want work done on their house and try to get out of it, but hey it's not like we have families to feed or bills to pay anyway right?...

VBuilt

No lawyer here but the few times I have bumped into that sort in the past I spent the 150 or so to have my atty send a letter- a little more "fear factor" in it than coming from me.
In Mass you could take him to small claims court- it is my understanding that a verbal contract is valid- proving it is an entire different animal.

__________________
Roy Vinton
VBuilt Custom Homes
www.vbuiltcustomhomes.com

Brock

I saw a news clip where the guy sawed the house in half horizontally with a chainsaw. I'm not sure if this is legal but I remembered thinking it was something I want to do before I retire.

precisionbuild

Those kind of things always end badly for me.

bwalley

Where are you located?

Are you properly licensed?

There are many states that an unlicensed contractor has no lien rights, so unless you are properly licensed, you will not be able to lien his property or even sue him.

simplejack

So this person is making stuff up?! there's NOTHING wrong with the work?
...OK, just askin'....Two words then,... Small Claims!

Take pictures and receipts (I doubt you'll be able to get pictures if you don't have them already, but don't worry the homeowner WILL bring them!)

IF your right you'll get your money quicker than with any Lien...If not...Comeback and tell us! and I'll tell you where to put the Stink bombs...

VBuilt

Good catch with the license!- should of thought of that.
If he isn't licensed it's a lost cause at least in Mass and a lot of other states I would suspect.

__________________
Roy Vinton
VBuilt Custom Homes
www.vbuiltcustomhomes.com

rbsremodeling

As much as I hate to say this, the license is a non issue anywhere if the "Contractor" brings the case to court first.

I don't care what the law anywhere says. trust me on this

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Shelby Renos

I am licensed and reside in Canada. I have photos of some of the earlier work. I have emails and voice mails from the D#x*.

SR

Brock

And written contract isn't as neccesary as most ofthe members say in here. It will prolly go to mediation first because the amount is so small.

precisionbuild

I agree with both of these. Not the greatest position to be in, but I agree on this issue.

rbsremodeling

Yep that is correct. Not saying it is wise thing to do but you are correct

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bwalley

That is incorrect for many states, Florida as well as other states speciffically state an unlicensed contractor has no lien rights and has no right to sue, they can also be liable for triple damages and attorney's fee's.

many people will knowingly hire unlicensed contractor's knowing they have no recourse to sue.

Florida law clearly states unlicensed contractors have no lien rights, no right to sue and their contracts are unenforceable, are you aware of a special circumstance in which this law wouldn't be followed?

VBuilt

Well I sure could be wrong- I am usually wrong at least a couple times a day- sometimes even before my second cup of coffee.

My understanding in Mass is that any work requiring a permit requires a license- at least an HIC or the newer so called "mini" licenses.

From there it would seem that you cannot sue to enforce a contract (verbal or written) to perform "illegal" services.

I am always ready to be enlightened.
When I was young I knew everything, now I just have opinions.

__________________
Roy Vinton
VBuilt Custom Homes
www.vbuiltcustomhomes.com

michaelzenga

I am having a horrible time with a lawsuit, why won't customers just pay what they agreed to!!!

rbsremodeling

Yes. A contractor simply has to sue the homeowner first. He then has to show that he did work and is owed money. The judge is there to hear the case in front of him and the licensing laws do not come into play.

Now if the homeowner files first it is another story. This is from personal experience

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bwalley

Florida Statute says you are wrong, trust me on this.




489.128 Contracts entered into by unlicensed contractors unenforceable.--
(1) As a matter of public policy, contracts entered into on or after October 1, 1990, by an unlicensed contractor shall be unenforceable in law or in equity by the unlicensed contractor.
(a) For purposes of this section, an individual is unlicensed if the individual does not have a license required by this part concerning the scope of the work to be performed under the contract. A business organization is unlicensed if the business organization does not have a primary or secondary qualifying agent in accordance with this part concerning the scope of the work to be performed under the contract. For purposes of this section, if no state or local license is required for the scope of work to be performed under the contract, the individual performing that work shall not be considered unlicensed.
(b) For purposes of this section, an individual or business organization may not be considered unlicensed for failing to have a business tax receipt issued under the authority of chapter 205. A business organization may not be considered unlicensed for failing to have a certificate of authority as required by ss. 489.119 and 489.127. For purposes of this section, a business organization entering into the contract may not be considered unlicensed if, before the date established by paragraph (c), an individual possessing a license required by this part concerning the scope of the work to be performed under the contract has submitted an application for a certificate of authority designating that individual as a qualifying agent for the business organization entering into the contract, and the application was not acted upon by the department or applicable board within the time limitations imposed by s. 120.60.
(c) For purposes of this section, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed it, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract.
(2) Notwithstanding any other provision of law to the contrary, if a contract is rendered unenforceable under this section, no lien or bond claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. (3) This section shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This section shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes of this section.