Dealing With A Complete Mad Man

ultimatetouch

I find myself dealing with a mad man subcontractor less then once a year. I typically check references or get names through other good subs of builders.

I waited a long time for a garage plan and by the time I got I met a concrete guy in the village whom I seen there many times. He is in the local paper so I gave him a print for the concrete. My mistake he gave me a good bid everything seemed the same so I let him have the job.

This is a garage with a deck on top and the village calls for a full foundation. The concrete guy starts foundation work. I show him the underground electrical and phone wire.

In a nut shell he ends up damaging the underground service and I come there and the garage apron going to the alley is a falf a foot off according to plans. not only that it looked like a kid did the form work. There is a sheet of plywood holding up the earth which they intend on leaving under the foundation and pooring right over it.

The owner comes there and wants eighty% of the contract value. I told him there is no way in hell. Matter of fact I am not paying a dime until this project is finished due to the lack of trust and lack of craftmanship. He threatens to kill me and throw me in the hole.

l told him that I didnt want him to keep working until he came up with a workable plan that I am comfortable with.

He proposed to poor walls and slab all in one pce instead of doing seperate walls and slab.

i did not feel comfortable with him so I told him to discontinue work and I will pay him for his services.

He demands 3500 bucks and I know the work isnt worth more then 1500 but I offer him 2000 bucks to get it over with and get rid of him. He agrees but then backs out saying he will get a bigger kick out of leaning the property.

I dont know what to do because I would like to remortgage the house soon. How hard is it to get the lean removed? Does anyone have any sound advice or experiance with this?

I have taken pictures. I am having a concrete guy write a letter saying the value of the work that the di** had done. I am going to save the reciept and checks for court in case.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

DavidC

I would contact your attorney before making a move. On the surface it sounds like he did not deliver as spec'd per plan. Any deviations require a written change order or it's on his nickel, assumming you used a contract.

An hour of your attorneys time and I'd bet you have a workable plan with some one covering your back.

I hope this works out for you, he sounds like a real hack.

Good Luck
Dave

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ultimatetouch

Thanks.

He is a total hack and the thing he must of been doing and gettting away with it for years in the area. Well you know the home owner dont know better.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

joasis

Simply make the property owner aware, hire another contractor to tear out the bad, and build it correctly, photo document everything, make a copy and send it to him with a letter intending to file suit. Full damages.....the suit will take care of the lien, and the guy can explain his workmanship i court....bet it never gets that far.

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ultimatetouch

The weird thing is this guy actually believes he is great and everybody else does not know anything.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

MALCO.New.York

Get a shovel and a bag of Lime..............

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tgeb

I would not take any crap off this guy, he is probably trying to strong arm you with the threat of the lien, I doubt he will follow through, and you have acted in good faith offering him partial payment.

His claim would probably not hold up. But i don't know Illinois law. Probably favors crooks.

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Tom

www.gebcon.com

Ed the Roofer

Has the building department been out to inspect the work so far?

If not, then call them up and request a tedious inspection while you meet with the inspector and see if he finds reason to fail it.

Which town?

Is this a property for a customer or your own property, since you mentioned about going in to "Remortgage the house soon?

You can bond over a Lien in Illinois.

You can also sue for him filing a Frivoulous Lien, (Look it up), but please document your attempts, via certified mail, return reciept requested and sent regular mail also, that you had the property and his work inspected and that you now have received bids to correct the current shoddy or non-code compliant work, which totals XX amount, which, if he does not take care of or come to an agreement with you within XX(10 days seems reasonable, but see if your attorney knows of any statutory required period of time 1st) Days, then the work will be outsourced to another contractor and his contract will be backcharged the appropriate amount.

Speak with your attorney.

He can both file a Mechanics Lien for the work done up to the point for the related dollar amount value of his work or he can file a small claims lawsuit, for Quantum Meruit.

He would have to prove the work and materials provided increased the value of the property by a certain figure, which would usually be the contract amount if the work were completed satisfactorily.

You need to justify that it has now caused a hardship financially on you, since you may have to redo his work with another contractor and the contract amount of that contractor would be the financial amount of the hardship.

There is a lot more, but it is easier to resolve the situation than fight about it.

Work out a deal.

Ed

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Bkessler

Mickeyco will have a field day if he reads this.

Shellbuilder

I wouln't pay any money to him and I am sure your attorney will tell you the same.

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send_it_all

Not only that, I'm 99% sure that I would have beaten him to death when he threatened my life.

AskForTheSale

He failed to fulfill his obligations in a legal binding contract by providing unacceptable work which is different from the plans he had available to him, and to which he was contracted to follow.

End of story.

You do have to give him the right to correct this situation, or a lawyer might be able to instruct you how to keep him away permanently being he has already demonstrated he is not able to:

1 provide an acceptable level of craftsmanship that will pass inspection and by him continuing on the job could/may/will most likely cause further damages which he might not be liquid enough to correct.

2 threatened your life.

Go find, or you should already have, a good lawyer who practices civil construction/business law.

Why didn’t you kill him when he threatened your life? In fear of your life is a defense in most places when your life has been threatened.

Zendik

The second a threat has been made I call the police and make a report. You never know when a nutbag hothead will follow up on said threat.

Shellbuilder

You don't have to allow this guy back, If his work was incompetent and you take enough good pictures to prove so then it is his burden to prove you owe him. Send him the pictures immediately of his work and terminate contract for incompetence. Thats what I have had to do in the past with idiot subs who talk the talk but cant walk the walk. More often than not it's been concrete and masonry.

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Leo G

Use a film camera, not a digital.

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Tinstaafl

I'm with you, but that's getting difficult these days. Kodak doesn't even make a single film camera any more.

Leo G

Pick up a disposible camera, back it up with a digital for clear shots.

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Custom Cabinets in Hartford County Connecticut

wyoming 1

If he does file a Lein check with your attorney you can get what I believe is called a preformance bond the lein gets removed and you procede to court. If you lose the bond is pulled to cover the amt of the lein

ultimatetouch

I should have absolutely beat the f*** out of him. However instead when he made the comment I told him to go ahead and try it that the barbells and the lifting weights work going to his head. I really have nothing to prove and can handle myself quite well, I just thought it was easier to let him be a hot head offer him money and fire him.

I did file a complaint with the police department because I would like to completly be in the right if he comes on my property again. I have taken pictures and this point I believe that I should send him a letter with inspection reports. See I dont like nut jobs knowing where I live thats another thing.

Ed great advice thats what I was thinking and I actually already got the inspection reports saying that the soil could not handle one poor of concrete and it would have to be done in two poors. Also that the form work and plywood left in the ground was not acceptable.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois

ultimatetouch

Ed,

Its oak park and yes I am going to live there.

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Ultimatetouch
Illinois Remodeling Company, Kitchen Remodeling Chicago, Room Additions Illinois