Can you believe I am being sued for making a profit. - Contractor Talk - Professional Construction and Remodeling Forum

Ricky1765 · 11-20-2008, 07:17 PM

I quoted an home owner a price on a HVAC system. He agreed to the price, but because of past experience with him I told him that I would need the payment up front, so he gave me a check for the full amount.
I ordered the equipment and had it dropped shipped to him. A week after I completed the installation he calls me and tells me that when the equipment was delivered the driver left the shipping papers with the prices of the equipment on them. Now I am being sued for over charging for HVAC equipment. If he get what he is suing for it will cost me $90.00 to sale and install this equipment to him. Any comments will be appreciated.

mdshunk · 11-20-2008, 07:19 PM

If you have a signed contract with him, he doesn't have a leg to stand on. If you installed what the contract called for, at the price agreed upon, he owes you. The judge will slap it to him hard.

rbsremodeling · 11-20-2008, 07:20 PM

Quote:

Originally Posted by Ricky1765

I quoted an home owner a price on a HVAC system. He agreed to the price, but because of past experience with him I told him that I would need the payment up front, so he gave me a check for the full amount.
I ordered the equipment and had it dropped shipped to him. A week after I competed the installation he calls me and tells me that when the equipment was delivered the driver left the shipping papers with the prices of the equipment on them. Now I am being sued for over charging for HVAC equipment. If he get what he is suing for it will cost me $90.00 to sale and install this equipment to him. Any comments will be appreciated.

One you or someone that works with you should have been there for the delivery.

Second the shipper should not have put pricing on a delivery ticket.

Third the homeowner is an ass

Fourth I bet that won't happen again

Celtic · 11-20-2008, 07:24 PM

Just because you are being sued is no reason to get excited:
Anyone can sue anyone, for anything, at anytime. [well almost...see below]

Winning is another matter

As a contractor, you are entitled to make a profit....as well as get paid for the installation.

Have all your paperwork in order and relax.

[Forget about counter-suing him for lost wages while you presence is requested by the courts ~ "That's the price of being in business" is the judges standard response before slamming the gavel and announcing "DISMISSED"]

**AtlanticWBConst** · 11-20-2008, 08:18 PM

Quote:

Originally Posted by rbsremodeling

One you or someone that works with you should have been there for the delivery.

Second the shipper should not have put pricing on a delivery ticket.

Third the homeowner is an ass

Fourth I bet that won't happen again

Yes

Yes

Yes

-You read my mind.... Especially number 3. Let the dope waste his time and money....you have a signed contract.

Do you think a guy can go and buy a new car off the lot, then go to another lot later on, findthe same car for less, and get the difference back? NO..

Caveat Emptor (sp) = It's called - Buyer beware.

The guy is an ass and a dreamer....

BuildingHomes · 11-20-2008, 09:59 PM

Tell him those prices were the shipping costs per item..

But ya, good luck to him. No idea how this guy would have found a lawyer willing to sue you for that.

**ProWallGuy** · 11-20-2008, 10:06 PM

I see no where in the OP about a signed contract. He says they "agreed upon price". I bet a dollar there was no signed contract.

mahlere · 11-20-2008, 10:09 PM

Quote:

Originally Posted by ProWallGuy

I see no where in the OP about a signed contract. He says they "agreed upon price". I bet a dollar there was no signed contract.

i'll bet ya $10 that you are correct...

Celtic · 11-20-2008, 10:11 PM

Quote:

Originally Posted by BuildingHomes

But ya, good luck to him. No idea how this guy would have found a lawyer willing to sue you for that.

Lawyers are for schmucks!

Quote:

Small Claims Court: Taking the Law into Your Own Hands

Small claims court is a do-it-yourself court where ordinary people, including businesses, can act as their own attorneys and where paperwork and legal mumbo jumbo are kept to a minimum. The court is a quick and inexpensive way to resolve relatively simple, non-criminal matters. Cases heard in small claims court commonly involve problems relating to car repair, property damage, small business issues, and landlord-tenant disputes. In the vast majority of states, a judge, not a jury, hears your case.

Like my avatar shows ~ No BS, this is for real....
http://www.dummies.com/WileyCDA/Dumm...s.id-3255.html

fireguy · 11-21-2008, 12:09 AM

Filthy capitalist, you should willingly give all of your ill-gotten gains to those who are less fortunate than you are. Share the wealth! We are lucky to have a President-Elect who will help you share with the less fortunate.

orange Garrison · 11-21-2008, 01:26 AM

It sucks when it happens but ,contract, contract, contract! hope this one works out for you! live and learn, that's what we are here for!!!

Fla Air Temp · 11-21-2008, 08:11 AM

You and the customer entered into a verbal contract. He wrote you a check for that contract. There is not a lawyer dumb enough to take that case. Be good

klucrezi · 11-21-2008, 09:42 AM

Was the mark up reasonable? For example. I am loking at adding a new product to my business. I sell whole sale 30% over cost to manufacture. The retailer gets 80% over that cost. They sell like crazy. So as a retailer, you are entitled to a mark up to cover all your costs plus. Thats how it works. By the way, what does or did the homeowner do for a living. Why is is the perople we work for most of whom in my case make 6 digits or more a year seem to want to chisel every chance they get. Hey, I like to keep my kids in Nikes too.

Dr Heat · 12-26-2008, 12:35 AM

ok my two cents
I was sued by a developer. I won the court case and still (4 months latter) have no money for my struggle.

You can higher an attorney to represent you for any thing you are willing to pay for. The judge may throw it out but by then its already cost you something to defend yourself.

If you are incorporated you must higher an attorney to represent you even in small claims court if you are the plaintiff. You may defend yourself without an attorney

fyi
Illinois law says if you are working for the home owner or at a residential location and the work will cost more than 1000 you must get a signed contract.

CNC · 12-26-2008, 02:43 AM

Quote:

Originally Posted by Ricky1765

I quoted an home owner a price on a HVAC system. He agreed to the price, but because of past experience with him I told him that I would need the payment up front, so he gave me a check for the full amount.
I ordered the equipment and had it dropped shipped to him. A week after I completed the installation he calls me and tells me that when the equipment was delivered the driver left the shipping papers with the prices of the equipment on them. Now I am being sued for over charging for HVAC equipment. If he get what he is suing for it will cost me $90.00 to sale and install this equipment to him. Any comments will be appreciated.

you DO have a signed contract right?

Burby · 12-26-2008, 07:41 AM

the nice thing, if he does sue you is, 10 to 1 you will win, and more so than not, you will not have to warranty the install. To prevent further disputes, in equity courts anyhow, Contractor winning, the judge makes it a part of the order to prevent further disputes.

You take a tongue lashing from the judge for conducting buiness as this. you should have had a worker there for the delivery as well as select better companies to conduct business with. That supply house is one you should be speaking with first.
Alot of my suppliers I still use for the bit of work I do as well as use to, even when my guys picked up materials for me, the yards would not give them a copy with prices on them, as well as with drops offs, slips on site but no prices are on the slips left.

As you mentioned, because of past problems with this homeowner you asked for payment in full up front.
The price should have been higher than all others you charge, a way of politly saying thanks for calling, but no thanks for your business.
Additionally for the same reason, not to have a worker on site for delivery, was asking for the problems you do have.

And again, it is "if" he does sue.

bob_cntrctr · 12-30-2008, 02:44 PM

Well, wait - what did you sell him? Is it possible he thought you quoted him the furnace at cost plus labour to install, then he find out what you billed him isn't cost at all?

bwalley · 01-07-2009, 08:20 AM

Quote:

Originally Posted by Ricky1765

I quoted an home owner a price on a HVAC system. He agreed to the price, but because of past experience with him I told him that I would need the payment up front, so he gave me a check for the full amount.
I ordered the equipment and had it dropped shipped to him. A week after I completed the installation he calls me and tells me that when the equipment was delivered the driver left the shipping papers with the prices of the equipment on them. Now I am being sued for over charging for HVAC equipment. If he get what he is suing for it will cost me $90.00 to sale and install this equipment to him. Any comments will be appreciated.

Since you had a bad experience with the guy in the past, why would you even consider doing any work for him again?

I hope you have a written contract, but even if you don't the check he wrote you should be sufficient to prove the contract amount.

The judge knows a contractor makes a profit on jobs they do, otherwise they wouldn't be in business.

What state are you located in?

Are you properly licensed?

If you are in Florida and are not properly licensed, the client can not be forced to fullfil their part of the contract and the unlicensed contractor has no lien rights and can not sue the client, and can be held liable for 3 times the damages (cost of the contract plus any remedy required to remedy the situation).

D.Foster · 01-07-2009, 08:30 AM

You are the Retailer, the Supply house is the whole saler. Retail always marks up. Am i wrong?

ccarlisle · 01-18-2009, 03:32 PM

In the lawsuit he's bringing against you, just what law does he claim you are breaking in order to bring the Justice system into the picture?