Getting Paid

HUDSONVALLEYEXT

We were on this deck refinish job for this crackpot. We charged $750 to wash and stain. We also added in removing a small section of deck for another hundred. Day one of the washing went fine then I sent the guys back to stain a few days later. That morning the crackpot called and asked if we could buy a gallon and stain a small part to see if she liked it. For some reason I told her we could do that. They went to the store bought the one gallon went there put it on. She said she liked it they went all the way back to the paint store bought the rest. That afternoon they were half done and she comes out says she does not like it. Says she not paying I pulled the guys off the job. She paid half when we were done washing I would have took the loss and broke even. But today she put a stop payment on the check now im about minus $300 on the job.

Any one have any suggestions on how to fix this bitch.

send_it_all

You could either calmly talk to her and explain your position that it was her who appreved the color, after you bent over backwards to give her a sample and you feel that you should be paid for your work.





or you can shoot her in the face. Whichever seems more reasonable.


The shooting in the face part was a joke, by the way. I don't want to read about you in the paper. I would feel in some way partly responsible.

Mike Finley

I was always under the impression that doing a stop payment on a check for work was a crime.

HUDSONVALLEYEXT

Should my bank give me the check back? Can I submit it to collections like a bounced check..

Stone Mountain

LAst year I took someone to small claims court for $400.00. I won. It cost him $20 to enter his defense, $100 to me for my filing, $50 to the court for expenses, and interest from the day we finished the job.

The way I look at it, if they won't pay, I have nothing. If I take them to court and lose, I still have nothing. If I win, I get my money.
In Ontario, there is a principal in law that if you do the work, you should get paid.

As a matter if interest, I've been to small claims court about 20(ish) times over 28 years and 12000 customers. I've never lost.

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Danno6102

She owes you for what you at least had into the job. Time & materials that were purchased. I would try to talk to her calmly face to face. If she remains in bitch mode, I would just walk away & send a nice letter from your lawyer explaining her options & legal proceedings/sent to collections, etc. that will take place if you do not recieve prompt payment.

Mike Finley

It's my understanding you are to call the district attorney for the procedures to follow in your situation.

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As a side note for those doing smaller projects like this, have you considered putting a clause in your contract to the effect:

Termination of this job prior to completion reverts all work performed to Time & Materials basis. With Time being charged at $90 per man hour and all Materials being charged @ materials cost plus 30% mark-up.

(Make sure you define what a man hour is)

The problem I see in cases like yours is you are forced now to deal with percentages. What percentage of the work is completed? That's where the case always will get tripped up on. You will believe so much % has been done and the customer will always believe less. ANd we all know that jobs can incure expenses disproportionately in relation to how far along they look.

Reverting to T & M upon termination could be a much better solution. The customer will have a hard time denying you were there from 4 hours, 8 hours or whatever, including the time spent running to the store. Run the T&M on what you have performed so far and it might even come out close to the final fixed price you quoted her if you base your T & M at a high enough hourly rate.

The other benefit is it might just end these situations from happening next time, since the customer will probably reconsider actions like she has pulled so far once they realize they are going to be shelling out a lot of money for basically nothing and still having to hire somebody else to finish.

J F

This won't help you on this one, but how about putting a simple form together where the customer signs off that they are approving the sample you have done?

Get a signature with the stain/paint color stating that you have applied a sample on such and such a date and the client approves it for the rest of the job (like I said, I know this doesn't do anything for you on this job).

Good luck.

Jay

ModernStyle

I like that.
Sneak over to her house and spray water sealer on her deck so nobody else can finish the job. I have no social skills according to my wife and family so most of the advice I could give you on collections would be mean spirited and possibly criminal. Use the stain and spell nasty words about her on her driveway, put her on Craigslist as a woman seeking random discreet sexual encounters. If she is married put the husband on craigslist seeking male sexual partners, and be sure to tell them to call around 2 a.m. because you work second shift. Put signs up around her neighborhood proclaiming she is a deadbeat and has an STD. Steal the license plate off her car and replace it with a sticker that says " F*** The Police". Have women call her and confess that they have been sleeping with her husband. Have your kids beat up her kids. Fill all the keyholes on her house with bondo while she is out. Fill the gas tank neck on her car with bondo.
I have never not gotten paid yet, but I feel sorry for the first person who tries it. They will become my new hobby. Lawyers piss me off so I will just handle things my own fun way.

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ProWallGuy

I use a specification sign-off sheet just for these occasions.

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Digital Murals Installation

tinner666

I like your style!

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Mrmac204

Oh, it said getting PAID... ok, trouble with getting up early, reading without my glasses
k, continue on...

Danno6102

Mental note, never use a painting sub from Fort Wayne!!

J F

or...just make sure you pay him

RYANINMICHIGAN

5 Gallons of gas and a baseball bat?

HUDSONVALLEYEXT

I got the check back does any one know if collections will try to collect on a "canceled check"????

nobull1

I Doubt(but not positive) a collection agency would have a problem with a cancelled check... I know that a NSF check is fine. If it was that easy everyone would just cancel their check before it was NSF to avoid collection. I would look around for a collection agency, if you don't already have one. The amount they charge can vary a lot depending on the company and how old the account is, at least in our area.

Brian

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POOLMANinCT

yep

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......Less with the jaw & More with the paw.....

Canuck Sparky

Make her your wife. That ought to fix her.

ditchdigger

A friend once had a check that never would clear. The HO's account was always less than the check. He finally ask the bank one day how much was in the account and it was a couple hundred short of what was owed. He owed about four thousand, since he had the account number on the check he asked them if he could deposit two hundred in this account and cash the check. They told him that he could, so he deposited and took a two hundred loss. He did receive several calls from the HO because he had bounced checks everywhere. I have always kept this information handy just in case I have the same problem later. It may noy be the best way to handle the problem, but it did work for him.