Owner Locked Me Out.

Newme

I need a lawyer who handles contractor's issues. I'm in Northern California.

I was locked out of the home and subsiquently terminated. Owner said he was hiring someone else to finish project and then would back charge me for the cost. We had some serious challenges with my business and got behind on the project but were within 60 days of completion. The owner said I was not keeping the schedule (which is debateable) as the circumstances of the delay were discussed with the owner and he was aware of the challenges and had agreed to be patient while I worked on his and other projects at the same time to get back up to speed. I never pulled off the job and tried desperately to make him happy. But all of a sudden he made demands for delivery of all the cabinets within a week that he knew were not built. And basicly made it impossible to do. I tried everything I could humanly try to come to an understanding but he would not budge. He locked me out and confiscated all of my tools and equipment and told me he would hire another contractor, have the project finished and sue me and ruin my life. I swear I've done eveything possible to get the job done and make him happy. The job was taking too long but most of it was beyond my control. I don't know what to do to protect my business. I don't know what he can do or is doing to my bond etc. or is doing at the state board. I need advice and wisdom as my whole livelihood is at stake!

Steve

Bob Kovacs

One of the keys to this whole situation will be defining exactly what was "beyond your control". I say this because you've listed your trade as "general", so that puts pretty much everything that you've contracted for "under your control".

Care to elaborate on what caused the delays and led to this eventual lockout?

BTW- Finding a good construction lawyer in CA shouldn't be too hard- you can't swing a dead cat in CA without hitting a lawyer or a treehugger..........

Bob

dirt diggler

Newme - i haven't first-hand experienced this --- but I know someone who has (they got corkscrewed in the end and eventually moved)


i heard two different stories from them ... and in the end - i felt no sympathy for them



what's your story?

what took so long, etc.


BE HONEST

Gordo

Bob...thats funny.

Newme, your contract should have contingencies for delays. If the delays fall within those parameters, then you are good from a legal standpoint.

Regardless, you have been fired and nothing will change the fact because it will cost you $$more than its probably worth. Hopefully you will be able to obtain your tools back and move on.

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Looks like some pros were here.

Grumpy

The way I look at it you are both in the wrong. He stole y our tools and you didn't deliver as promised on your agreed schedule. Why were you working multiple projects when one was behind schedule?

Newme

I was going through a divorce and was already struggling financialy and the job situation just took a nosedive at about the same time. Ironically, things have just recently taken off. I was seriuosly thinking bankruptsy up till now. But had actually been progressing on the project in question.

I can't be anything but honest. It gets me in trouble but I can't sleep at night otherwise

Newme

The contract had nothing regarding a schedule.
He hired someone to install the windows in Dec. when they were part of our agreement. So I didn't make a stink because I was trying to play catch up and keep them happy. He violated the contract.

Steve

K2

In my state him taking/locking up your tools is a crimial offense and the owner of the tools could have him arrested. The rest would be civil.

jmic

New,
How long were the windows sitting there waiting for you to install?

__________________
___"Remember You Never Get A Second Chance To Make A First Impression"______________________
Joe

Newme

I went to them to get the money for the window order and they said not to worry about it because they had signed a contract with another company. Because I was already at their mercy because of the delays I didn't make waves. I did tell them that they had made my situation worse as they had taken profit and labor money away from me. But they said it was too late as they had already signed and paid the window cotractor.

Steve

Mud Master

I had this problem with a psycho homeowner.(Another reason I REFUSE to do home improvement, and have so much respect for the men and women who have the knack to deal with em and do it)

She confiscated my tools and I had a cop escort me to the door, than she called me later and said I "maniplulated" the cop into arresting her if she didn't cough em up. Come to find out she did the same thing to 3 other contractors before me, got the work done, found something wrong or MADE something wrong and than threatened to sue if she didn't get all her money back plus more for "damages". I have a long thread about it somewhere lol. But he cannot legally keep your tools, they are your property. But trust me, everything else will be civil

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Ed the Roofer

Repossesing your tools is theft and you should and MUST file a police report for every stinking item down to the friggin nail.

Also, ck your CA laws. There is a legally proper method to terminate a contract and it has to be done in writing notifying you of the lack of following the agreed upon schedule and performance standards. In Illinois, you would have 7 days to bring the schedule and standards up to snuff or else it is an illegal termination.

Also, place a lien on the property, first with your intent to lien notice and then your sworn statement of all vendors and subcontractors and other materialmen who functioned on that project. File a claim for the improper termination and also for unjustly lost profits. You have to be extremely specific about actual costs quoted and OH & P ontop of that. You obviously need the advice of a competant construction litigation attorney.

Good Luck, if you were in the right,

Ed

AbeBarker

sounds like your not giving the full story

ultimatetouch

What kind of project was it?

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

Newme

master bed/ bath remodel, all new windows and convert bed to complete office including all cabinetry. We were doing everything in house except the tile work and the shower enclosure. We build custom cabinetry as well as remodeling.

Newme

I don't want anyone to think I was perfect here, I got behind schedule-wise and financially. When it was obvious we were going to have delay problems I went and sat down with them and spilled the beans about everything, including my divorse and short comings. The owner called his lawer who told him to work with me even if it took awhile. Again, I was in the middle of a divorce and was struggling financialy as well. I was not in a good position emotionally or financially and was struggling to stay alive and viable. It is not their fault that this happened I readily take responsibility. We were advised to work together by his own lawyer. So we worked out a tentative schedule based on me having to do outside work in order to fund and complete the project. I was still within the general time-line and was even excited about the up turn in business as I was going to be able to not only survive the whole mess but get the project done and move on. So I caused the mess but was getting the project done as we had agreed when he pulled the plug. I was 4-6 weeks from completion. I was to have the Armoire for the sewing room delivered by the end of April. I had informed him that I would need to push the master closet cabinets into the first week of April along with the Armoire. But that the schedule for the rest of the master bed/bath would be complete by the end of March as agreed. He blew a cork and locked me out. He demanded all of the remaining cabinets be delivered to his garage by the end of this week (the demand was made on 2-28). I tried to get him to adjust his demand and mapped out the best case senario for the completion of the project. For some reson he would not budge from the cab demand. If he would have allowed two extra weeks into April and not demanded the cabs be delivered this week, we would not be here. But he would not budge. He wanted me out, period and was desperately trying to get me to quit. But I have had every intention of finishing and was doing so. It was a very difficult thing to do under all of the circumstances and I know I caused the problems. But I have been open and honest about everything and was very close to wrapping this up. That's why I am perplexed, he knew evey detail of my situation, I felt I owed them that. So why when my personal and financial state had vastly improved would he sabitage the project when we were so close? I know this was a drain on them but there was no financial damage to them. My conscience is clear, I made mistakes but I was also killing myself to keep my promises. I just want to be wise, for once, and not stick my head in the sand. I'm not looking to hurt the customer but he has threatened to destroy me and I would be a fool to just let it happen. I can't prove my integity to you guys here because you don't know me, but I am the guy who ends up getting the shaft in life because I am too soft. I know that I need to harden myself and be more business-like but I won't compromise my heart.

Steve

dirt diggler

i agree

pardon the cynicism ... newme -

you said you were going through a divorce and having financial problems


i'd get pretty sick and tired of hearing that excuse if I were the HO--- in fact, hearing it once is bad enough

I'd think "I DON'T care -- finish my f**kin house"


your problems are NOT their problems


that's no better than an employee coming in late and saying "oh well i broke up with my girlfriend and the wife's in jail for hittin me --- oh and i can't pay the rent"




you were having financial trouble ... ok .... so you were using draws to pay old bills - meanwhile bumming from peter to pay paul just so you could buy the materials to get ahead in THIS job??

Am I right??

Or was it 90 days of rain???


not bein harsh - i could care less honestly - im just playing the devil's advocate for you.


but everyone has problems. suck it up. SOMEONE SIGNED A CONTRACT WITH YOU BECAUSE YOU SAID YOU COULD GET THE JOB DONE


and you DID NOT.

i'd lock you out too (but i'd leave your tools outside in the driveway btw) --- and im pretty laid back




Newme - tell me something --- why do you DESERVE to be allowed to continue on this job???

JamesNLA

uufffhhh, what a mess.
Well first and formost you HAVE to get your tools back. Go to the police station close to his residence. File a report and ask for the escort to get them. Make a very detailed list of your tools there. This guy may have pawned some of them already so watch out. If the police give you the run around you need a lawyer to crack the whip. As for the job, that is most likley done with. Get past that and start to cover ur ass. Write everything down with dates, and for God sakes say nothing else to the client. Your on a black and white situation now. Imagine being able to prove to a judge your sob story, judges don't care about you or your situation, just what you can prove. The contact you say you made with client is important, and the continuious progress on the job. From what you say, you didn't just leave the job completely and that shows intent to finish. Youyr client got fed up for what ever reason, and he cannot sue you for another contractor to come in and finish the job. No judge in his right mind would do that, and I don't think they can even if they wanted to.
However the longer you wait to file a police report the worse it will be for you. He is now directly causing you to loose money because he stole your tools, he can't do that, just like you can't pull the siding off because he didn't pay you...make sense?

You can go to a civil court and have actual damages in black and white to prove he caused you loss, THAT"S WHAT judges want to see.

You don't need to compromise your heart to be sucessful in business. You do need to make the best decisions for your business that you can. You may also want to consider taking pictures if you can get back into the house because you know all the other contractors this guy gets in there is going to bad mouth you to hell, pictures is your defense.

Good Luck guy

ruskent

What was taking the project so long? Was it because you were trying to get other jobs done at the same time??? Or was it because it was a really high end projeect or something??

Tscarborough

You will only get useless advice and grief on the intertardnet. Get a lawyer, put on your big girl panties and take care of it.