Was I Negligent ?

 
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Old 06-11-2008, 09:59 AM   #1
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Was I Negligent ?


I have a customer that I have done work for in the past and was planning on going back to do a basement reno in the near future so I held onto their key. Fast forward a couple of months and they are still himming and hawing on start dates and design ideas. So finally I recommended that they have someone else come to quote cuz I have a very busy schedule and decided to move on. No deposit collected as of yet no monies spent on my part (just wasted time) So I send back tehir key with the postal service (signature required for deliver) and figure were done. Well I just got a message asking me to have their locks replaced at my cost because I jeopardised the integrity of their key ?!? What should I do here ?

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Old 06-11-2008, 10:35 AM   #2
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Re: Was I Negligent ?


Just call them up and assure them that the key has been in your possession the entire time and you felt uncomfortable holding onto it any longer without a decision being made to advance on the remodeling project.

Explain that is why you sent the key back with registered mail, to ensure that it was they who had to sign for it.

If that does not appease them, remind them that it was their decision to leave a key in your possession in the first place and ask why they felt they could trust you with it then, but now are being insecure about it. It was their decision to provide you with a key, even if you suggested it in the first place.

Also, you can let them know that when they do make the decision to move forward with the project, new locks could be part of your service at thay time.

Ed
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Old 06-11-2008, 12:15 PM   #3
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Re: Was I Negligent ?


Since it appears it was your idea to hold on to the key, I would suggest you call a lock smith to change the cylinder and cut them a new key. If you don't do anything you can be sure they will blame you for every break-in and every missing butter knife.

In the future, have a customer supply one of these.
http://www.buyasafe.com/Combination_...FRJaxgodb02Zhw

Mark
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Old 06-11-2008, 12:55 PM   #4
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Re: Was I Negligent ?


Actually I tried to return it after completing the original job because they said they'd be ready to start their basement in a few weeks and asked me to hold onto it.
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Old 06-11-2008, 01:27 PM   #5
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Re: Was I Negligent ?


Quote:
Originally Posted by MarkNoV View Post
Since it appears it was your idea to hold on to the key, I would suggest you call a lock smith to change the cylinder and cut them a new key. If you don't do anything you can be sure they will blame you for every break-in and every missing butter knife.

In the future, have a customer supply one of these.
http://www.buyasafe.com/Combination_...FRJaxgodb02Zhw

Mark
I'm with Mark on this. We ALWAYS remove the client's deadbolt (we do basements) and install our own lock and lockbox like the ones in Mark's link for the entire job.

It's easier for us and the client's key never has to be used. Keeps everyone happy.

J

As for your original question you probably aren't liable...but for the cost of a locksmith why take the chance.

Do you feel they are doing this out of spite because you recommended they go elsewhere?
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Old 06-11-2008, 03:54 PM   #6
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Re: Was I Negligent ?


I am starting to think that this is purely out of spite as in the same e-mail that he is threatening legal action against me he is praising my work on the previous project. Going forward I think I will look into a system like you suggested.
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Old 06-11-2008, 04:03 PM   #7
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Re: Was I Negligent ?


legal action for what? Sounds like another typical a-hole.
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Old 06-11-2008, 04:06 PM   #8
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Re: Was I Negligent ?


Quote:
Originally Posted by Ed the Roofer View Post
Just call them up and assure them that the key has been in your possession the entire time and you felt uncomfortable holding onto it any longer without a decision being made to advance on the remodeling project.

Explain that is why you sent the key back with registered mail, to ensure that it was they who had to sign for it.

If that does not appease them, remind them that it was their decision to leave a key in your possession in the first place and ask why they felt they could trust you with it then, but now are being insecure about it. It was their decision to provide you with a key, even if you suggested it in the first place.

Also, you can let them know that when they do make the decision to move forward with the project, new locks could be part of your service at thay time.

Ed
Right on!
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Old 06-11-2008, 04:33 PM   #9
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Re: Was I Negligent ?


Usually an unreasonable request is anchored in some other issue. Might not have anything to do with you. The only thing I would do different would be return the key in person. I use lockboxes and have had customers uncomfortable with that, and then I had customers locked out on their own accord call me for the lock box number, then I'm a good guy.
I would not put new locks on their house, what would they come up with after that?
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Old 06-11-2008, 05:11 PM   #10
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Re: Was I Negligent ?


It takes all kinds don't it. I have been where you are man and I say the choice to mail the key to the house that it opens was prolly a little oversight. I would go in person and try to salvage the relationship. Do whatever it takes that is reasonable. WOW what a crybaby they are.Good luck
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Old 06-11-2008, 05:55 PM   #11
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Re: Was I Negligent ?


If they have any concers about the security of the key while it was in the Post Offices posession, tell them that they would need to raise that issue with the U.S. Postal General.

Once you sent it registered mail, it was in the care of there Government until received by them and signed for.

Maybe the Post Office will be happy to pay for new locks on their residence.....Not.

Ed
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Old 06-11-2008, 06:47 PM   #12
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Re: Was I Negligent ?


I'm completely with Ed on this one.
Every point he made is logical.

If they are being spiteful, they will spit alot of venom, but the points Ed make are solid ground for you to stand on.
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Old 06-11-2008, 08:25 PM   #13
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Re: Was I Negligent ?


It could be worse, 4+ years ago I was gutting and redoing a basement on a high class lake in northern Indiana, All was well for the longest time, I had put on a new lock on walk out basement door I was the only one with the key. One day I showed up, door was barricaded shut, lady screaming out of the house if you dont leave I am calling the cops, I said ok I want my stuff they can help. She called they came, made them leave because she didnt want them in the house. Long story short, She kept all my tools that were in the basement, I filled theft charges, no recourse, took her to court, she never showed up. I have a lien on her house ( she won hoosier millionare tv show 6 months prior 1.5 mill). Find out 2 years later a contractor/friend got her hooked on Meth and she gave him all of my tools to pay for it. Just finally came out of that 20K hole last year. So like I said with the key thing could be worse, really sucks starting over.
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Old 06-11-2008, 09:16 PM   #14
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Re: Was I Negligent ?


I think for those of you that change locks at the beginning of the job ,that is outstanding.
For the posting person,sorry about your prediciment .People can be so small.It is best to wrap-up ALL loose ends at the end of EVERY job .
Call your lawyer and ask thier opinion.It 's always good to have solid go-to people available for times like these.Good luck.
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Old 06-11-2008, 09:49 PM   #15
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Re: Was I Negligent ?


tell them to kiss your a##, they agreed to let you the key, now there is a problem.
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Old 06-11-2008, 10:14 PM   #16
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Re: Was I Negligent ?


Quote:
Originally Posted by genecarp View Post
tell them to kiss your a##, they agreed to let you the key, now there is a problem.
i agree. they are just pissed that you couldnt do the work. if they werent so slow deciding. plus you sent it registered mail. let them contact the postal service if they feel that way - Registered mail being key word here. regular mail, maybe
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Old 06-11-2008, 10:24 PM   #17
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Re: Was I Negligent ?


live and learn eh? who is to say that even if you returned the key during or at the end of the job you didn't have another one made? legal action my butt. If they consider you that shifty THEY ALSO should have had the foresight about this. Any liability should be shared. Your customer is grandstanding.
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Old 06-11-2008, 10:26 PM   #18
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Re: Was I Negligent ?


never read warners post till now, i thought my customers were difficult!!!
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