Ugly Problem With Customer--help

davinci

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.

Jason Whipple

Good luck!

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Jason E Whipple, General Manager
Historic House Restoration, Cincinnati, Ohio
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davinci

well, do i have any recourse?

Ed the Roofer

Talk to your attorney and also your States Attorney about the Stopped Payment on the check.

No written contract?

No written and agreed to Change Orders, even when things were getting topsy turvy?

Learn from this too.

Ed

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BKFranks

Parties' Rights and Duties on Cancellation

The consumer is required to make the property available to the contractor for return if all of the following requirements are satisfied:

1. (1) The contractor must first return to the consumer, at the contractor's expense, any money or property taken by the contractor. The property returned must be in the same condition as when it was taken. If applicable, the property must be reinstalled in the same manner as before it was taken.
2. (2) It must be practical for the consumer to return to the contractor the property provided under the unenforceable contract, and the consumer must be able to return the property without causing any damage to the consumer.
3. (3) The contractor, at his or her expense, must pick up the property provided pursuant to the unenforceable contract within 60 days of the signing of the contract.

http://www.dca.ca.gov/publications/l...des/k-10.shtml

Jack_Clark

I'm a little confused. You originally stated he was buying the material (wood) for the soffit. Why did you then purchase the vinyl????
In my opinion he deviated from the contract if and only if he was the one purchasing the material. If you purchased the material it's yours go get it. Good luck!

Chris Johnson

Tell me you put this on your charge account with the supplier and you were just CYA by getting a check from the customer? Have the supplier and you both lien the project for the amount of the materials/check

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Chris

davinci

originally he was buying wood to be used as soffits which HE would later stain. at the end he decided to go with vinyl instead of wood which we bough.
anyway,a lien? is'nt it he said she said at this point? how will we be ruled in favor of a lien?

Ed the Roofer

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rbsremodeling

A lien has a way of jogging memories, clearing memories and making memories

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davinci

another thing, i pulled the permit and we were'nt given the opportunity to finish and he won't pass inspection. is this a problem for me?

WarnerConstInc.

That sucks, but I really think it is your material though. I have a little more out than that with a lady who lives in Japan, plane tickets are expensive.

Ed the Roofer

Contact the building department and request that your company name be wqithdrawn from the permit, leaving him to get another permit on his own, which if it requires a license, he would be screwed by his own actions.

Ed

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mickeyco

Report it to the police and file a lawsuit, what he did was illegal.




.

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davinci

i can actually withdraw from the permit? how can i do that and what criteria has to be met?

Ed the Roofer

You are no longer contractually commited to that party.

You go to the building department and tell them that the permit is under your companys name and you will not be involved in that projuect anymore.

Hopefully, the remainder of the work requires a licensed contractor, but regardless, if you know the building inspector, have them tag it for having no current permit once you withdraw your name. If they are not cooperative, be prepared and not only leave them that request in writing, but send it to the head of the building department certified mail, retun receipt requested.

I had to do it once myself.

Ed

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Jack_Clark

davinici, get your ducks in a row first and don't do anything that might jeopardize the situation even more. Communicate with the owner in a written letter if you can not do it in person. State your intentions but know your rights first. Contact a lawyer and get you ammunition loaded before you shoot. Try to resolve it prior to panicking, if thats not possible then I think I smell small claims court.
Good Luck

davinci

thanks so much for all your help,i truely appreciate it.
this whole situation is just strange but i guess i chalk it up as a learning experience.

Ed the Roofer

As to how I got my permit out of my name, I went to the building department and informed them that I had to withdraw from the contract and the permit due to a breach of the contract terms by the home owner.

I insisted that I did not want MY permit under MY License to be used by someone else, where blame could be passed on to me and I had an interim inspection done by the building code official to document what stage of progress we had worked up to.

This case is in the court system currently and the Mr. Homeowner just gave his deposition last week.

What he did, to circumvent the permit process, is he went down to the city hall and informed them that HE was going to be doing the roofing himself, which is "Legally" acceptable.

But, he hired a remodeling company, who in turn hired an unlicensed subcontractor to do the roofing work.

What was funny, was that they did not cut the slot for the ridge vent and capped off the roof first with the ridge cap.

A deposition provides quite a few eye openers that make it easy to impeach future testimony, if you find them making contradictory statements at trial or at the mandatory non-binding arbitration hearing.

Ed

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TimNJ

How much money are we talking about? As long as you had a legal contract to start the job and you had a permit I would just file small claims court. It will be faster. See what the dollar limits are for your state.