What Would You Do

DoubleDel

I received a call from the self described property manager of a small private lender. One of their properties needed some work done. Great. We met, discussed the project and i emailed him an estimate that night, to witch he responds "great I'll speak to the boss over the weekend and I'll get back to you Monday."
Two weeks go by and i haven't heard back from him so i call him. We set up a meeting to sign and collect the check at the job site the very next day (his insisted, had to be tomorrow). We met and I end up getting the contract signed (his insistence) albeit at a lower price because he wants to haggle and I'm in no position to pass up dollars on principle alone., but no check because the boss didn't show up with the check and I was a busy guy that morning with another close scheduled plus a job to finish up, so i wasn't waiting. He said he'd call me in the afternoon and i could pick up the check. Good.
Fast forward three months. I'm getting ready to go bow hunting for a long weekend. I'm packing things in the van and my phone rings. He wants me to start the job right away. Last I heard from this guy he was gonna call me to pick up the check! I told him i was busy till next week and I'd call him with a specific start date early next week. O.K.
I'm back from up north and check my messages and this guy has called sounding frantic, worried whether I'm going to honor the contract. I return his call and he tells me he just gave a check to another contractor. I'm out of the loop. What?

naptown CR

Remind him that he signed a legally binding contract several months ago and you will hold him responsible for ALL of your gross profit as liquidated damages. If payment is not received within 5 days a lein will be placed on the property and forclosure proceedings will begin.

oldfrt

Most of the property managers I have crossed paths with operate on a whole different concept than us.

They are never on time for appointments. > I guess they have too many irons in the fire.They're time is more valuable.
They are always in a hurry to get price. > They want to price the pizz out of the project and maybe use their maintenance guys.Use your price for a guide.
They second guess what they want done> Trying to figure the easiest,cheapest route to take.
They never call back right away,maybe a week later.>???????????????????
They expect you do do work at handyman prices.> They consider $18/hr fair and issue a 1040
They must work on a lineal schedule,because they are only ready when not doing the project has started causing damage.

__________________
https://www.facebook.com/pages/John-...94183374011504

DoubleDel

Legal recourse sounds appetizing but my decision hinges on whether or not this "property manager" has any authority to sign this document on behalf of this corporation, his employer, if he's even on the books. Could I sue him personally?

What about this binding arbitration clause i have in my contract against disputes? Does this qualify as a dispute? Not sure. May have to revise the contract.

OGStilts

So let me get this straight....you let this project just sit on hold for 3 months after receiving the signed contract, you never contacted him to find out where the check was or when you can start, and now suddenly you are surprised and upset that he gave the project to someone else? I'm not saying what he did was right but I would of written that project off 2 1/2 months ago and in my opinion only have yourself to blame for not following up on this much much sooner, well before your hunting trip.

__________________

Chicago Home Remodeling-
Chicago Luxury Builder- Basement Remodeling- Kitchen Remodeling-Chicago Bath Remodeling

ProWallGuy

Yeah, what he said.

__________________
Wallpaper Hanger St. Louis
Digital Murals Installation

Magnettica

This guys probably a jerk to work for anyway. Just look at the aggravation he's caused you already. I would consider it a blessing that he found somebody else.

__________________
Electrician service in Rahway, Cranford, Clark, Westfield, Mountainside, Scotch Plains, Fanwood, Roselle, Roselle Park, and New Jersey | Same day electrical service and repairs | Licensed and Insured Electrician in Rahway

DoubleDel

Yup, I think you're right OGS. After a week or so of waiting for the check, I did a little research on this property manager and his boss. The first was a former builder who had his license revoked for some reason, and the boss is some atty. in construction law.

During this meeting red flags were going off based on the way it played out and things he said. Prior to this meeting he tried to persuade me to do the job nothing down. So, I'm envisioning doing the work and not getting the second half until the property sells.

If the first check clears I do the job and cross that bridge when/if it comes. But after all this, the man doesn't keep his word, maybe he and his boss forgot about the job. I don't think so. I find it hard to coddle people
that show a lack of interest.

As the days went by, I didn't really care if they did the project at all. But I would have honored the contract regardless. The whole thing just kind of pisses me off.

I wasn't an asshole and demand to know what was going on, I gave them what ever time they needed, after all , I have a signed contract for when the project goes.

All I'm saying is, if they do the project, I'm the one who should be doing it, I have a contract! Don't blow me off for three months, remind me of our contract and expect me to drop everything or you'll breach our contract.

Somebody hold me.

Magnettica

Somebody hold me.

__________________
Electrician service in Rahway, Cranford, Clark, Westfield, Mountainside, Scotch Plains, Fanwood, Roselle, Roselle Park, and New Jersey | Same day electrical service and repairs | Licensed and Insured Electrician in Rahway

Double-A

If I were told that I had to allow one person to sign a contract and get a check from another person within the same company, I would refuse to allow the person to sign. Additionally, I think you may not have a binding contract under your state's laws until something besides signatures have been exchanged. I may be wrong, probably am, but talk to an attorney to find out.

Something else, when dealing with property management types that want me to 'pick up a check', i politely tell them that sending it over via messenger or even a taxi driver will be just fine.

Under no circumstances do we schedule work without a check. Period. We're in business and businesses run on money, not good intentions.

__________________
"My clients’ wishes are the center of my attention." -- David Guido, a contractor in Woodstock, N.Y.
New York Times, July 20, 2006

nEighter

How many of us would actually set out to screw someone over? Not many on this entire board I would say. I swear, what are people like this doing? Call up a business person and intentionally try to fark them over!?! You have to have some HUGE balls, or a bulletproof house to be doing this day in and out to people.. there is a wet dark hole for these types... and a hot eternal fire for them after that!

__________________
Olathe house Painting and Remodeling Overland Park Interior House Painting Leawood Exterior House Painting Shawnee Wood Rot Repair Lenexa Drywall Repair

datajam

I agree with the fella afore me that said you probably don't want to work for this jerk anyway. Buut, just in case . . . go by the site and confirm the unlicensed contractor doing the job, notify your building department and your contractor license board, and then consult an attorney to see if taking him to court would be worth the effort.

Regardless, you probably caught a blessing in disguise by not having to work for the guy.


datajam
http://dir4construction.com

AmeliaP

It is probably the best course that you let it slide and not work for the guy. I am curious though, can the PM sue the contractor for a difference in price? If there is a high price with the new guy. Basically saying that the Contractor abandoned the contract.

Mrmac204

ya ya... all that aside - how'd you do hunting??? details needed

DoubleDel

The hunting was peaceful...........

Family tradition brings us to the same spot for gun season, a week in the Huron national Forest in northern Michigan.

I usually tell everyone at camp where I'm hunting, yaknow, so they can stay the away. For some reason my father thinks this an invitation for morning coffee, brunch and afternoon snack! The spot is too good to abandon. Two years ago I'm sitting in my blind, i see something white bouncing along the ground coming towards me. It gets closer and i cant believe it, its a mink! Cool i thought, never seen one of those before. As soon as that thought leaves my mind, i look a little to my left just in time to see the biggest buck of my life, well just his head. He's headed the same way as the mink, behind the brush into oblivion.

Not one minute later i hear something crashing through the brush, coming towards me. This time the creature was a familiar one . "Son, it's not about whether we kill deer, it's about tradition."

If seen this very same buck last year. He busted me from forty yards putting my gloves on.

This year I'm gonna whack him during bow season, before family tradition turns to family tragedy.

Cdat

If ya' suck again this year, there's a deer farm south of Durand. Pay your price, shoot the prisoner...I mean buck and they're all trophy ones.

DoubleDel

that aint hunting, thats killing. never understood why some people would pay to do that. I enjoy scouting, stalking, and the fulfilment of being able to go to the big woods and come back with food.

J F

What did the contract state regarding deposit and start/finish dates? Also, how much $$ we talkin' about here?

dreamz

He's probably trying to cover his own butt for sitting on this for so long. Tell him you'll get there when ever you have time

bwalley

Thank the guy for getting someone else to do the job.

You and the client dropped the ball on the job, but since you are the contractor, you are supposed to be the professional.