Getting Screwed By A Customer---

davinci

as i said the other nigh i was paid to do a job and everything i was paid for i did. the last part was in limbo until his brickwork was done. once the brickwork was done the guy changed the contract,not in writing but wanted a whole bunch more done which entailed alot of carpentry work. so i told him i would have another guy do the carpentry work and for the home owner to deal with him directly and i am out of the picture. no problem. my friend buys the materials and drops them off to the guy. the next day when he was supposed to come back he finds out the guy cancelled the check. meanwhile the guy has all the material. there was NO contract between the homeowner and my friend but the homeowner wrote a check to this guy's construction company for the EXACT amount of what the materials cost(my friend has the reciept). also on the check the customer wrote "for material". what could my friend do? does he have any chance of getting his money back?

neolitic

Sounds "kind of" familiar.

09-29-2008, 11:28 PM #1
davinci
Pro
Trade: roofing

ugly Problem with customer--help
started a roofing job. guy wanted us to do an overhang(which we did) and of course put on new shingles(we did). he was going to buy wood to use as soffits and we would do the labor; all in the contract but he was getting brick put on his home first so after extending the over hang and doing the roof,we had to wait to do the soffits until the brick was done. after brick was done he tells us to start except he no longer wants wood soffits,he wants vinyl. we tell him fine but more money; labor to frame out for vinyl but more importantly the cost of vinyl soffits and j-channel. remember he was originally going to do wood and he would buy it (in the contract).
the guy is complaining its getting expensive but we tell him its black and white and the reciepts will show the extra material cost and he says no problem. we buy the material and he gives us a check. he then starts pointing out all iinds of problems with the roofing which he never complained about 2 months ago. he then cancells the check and we are stuck with the 1500 in material cost and he now has the material. what can we do here? i think he found someone to do it cheaper and he is keeping the materials., i want to kill the mother ****er! excuse my french.
now he gets a lawyer involved and will probably dream something up on us and attempt to sue us.the old take the eye off the ball. anyay,i cannot believe this prick is doing this. what recourse do we have? no,there was never a change order.all verbal and we have the reciepts from the supply store along with his cancelled check dated the same day the materials were bought and for the SAME exact amount. the check also says "for materials" on it.

How many jobs do you have going
with the same circumstances?
Good thing your friend wasn't involved
in the other one too.

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davinci

its the same job. why are you being a prick! just don't answer my post . jeez.
anyway,its the same job but my buddy is getting screwed out of 2k.

Magnettica

It sounds like your friend should have had a written and signed contract before taking money out of his own pocket to buy materials.

I agree this is BS and the HO is a jerk, but without a contract I think he's screwed.

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Mike Finley

You need to get familar with small claims court.

neolitic

Well, you already have a thread going.
Others have responded.
The only reason I can see for a new
thread is the addition of a buddy who
played no part in the first thread.
Don't have to explain yourself to me,
but one would think you might owe
it to those who tried to be helpful
the first go round.

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rbsremodeling

He can buy a condom and some vaseline

File a lien and possible hire an attorney

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Magnettica

He also could go knock on the guys door and ask, what-the-dilly-yo?

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daystoshort

first off why would you send your friend to a HO who tryd to screw you in the first contract.if your friend has the proof that he bought what ever then he owns it its his go get it.when the HO calls the cops explain it to the cop.but i still cant get past the thought that you sent your friend to the same HO that tryd to screw you.why would you do that?

davinci

he changed the contract and because it was more carpentry i gave him another guy and he agreed to pay the extra cost. after he got the material,thats when he started complaining about cost.
I WOULD NEVER send an enemy nevermind a friend into a hornets nest like that.

woodworkbykirk

thats a tough call
the only thing i supply are the tools and fasteners if i have some left over from a previous job

its just too risky

Driftwood

We have different Building and consumer laws in the U.S.
As a Ca, Lic. Gen. Contr. How can I help You , not knowing which State You work in ? In Ca. Every Material Supplier , and LICENSED Contr. has lien rights.
Folks that come here for help need to give their location! If not
It's all blue smoke!

Jack_Clark

So the guy (HO) screwed both of you by canceling 2 checks?? I'm a bit confused here with your new post. Fool me once........

AtlanticWBConst

Confusing....

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davinci

NO, HE ONLY CANCELLED ONE CHECK. look at the original post. the other one was about me withrwing from the contract. this is about my friend.

neolitic

Somebody leave a dead mackerel
laying around here somewhere?

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davinci

another informative post by neolitic. still don't understand why he is responding.

mattp

Look on the bright side, at least it's your buddy getting screwed instead of you

Jason Whipple

Davinci,

You gotta start taking the time to writing better contracts and change orders! These problems will plague you until you change your ways.

Their's nothing you can do on the back side of these deals if you didn't go into it with a solid contract.

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Historic House Restoration, Cincinnati, Ohio
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davinci

thanks for all the info guys,i truely aapeciate it.
the one guy that said i should be happy its not me....thats wrong because he is a friend and regardless its wrong. if i did'nt have a family i'd crack the guy over the head until he paid. i just find it hard to sit back and do nothing,its not my style.