Retrieval of equipment - Contractor Talk - Professional Construction and Remodeling Forum

slick870 · 12-13-2007, 07:28 PM

Can i as a licensed contractor remove my units from a job for non payment . I was also issued a check from the builder on a closed account. I was told by the magistrat and local sheriff to go get it. I have recieved zero payment in two months. My job is 100% complete. Builder never put my name on permits. Thanks.

HeatPro · 12-13-2007, 07:32 PM

Interesting question. Others:
Are you working from a contract that can be defended in court?
Are you in a state that defines what you can do to remedy?
Have you submitted a lien in time?
Have the magistrate and sheriff given you a written order to retrieve?
Can you afford to ask someone in another state what to do in your state?

slick870 · 12-13-2007, 07:40 PM

I am licensed in NC. At this time i would rather reclaim equipment and have builder arrested on a bad check charge which will procede on monday. No lean has been filed. Builder is screwing all contractors. Elec, Plunbing and me. aLL OTHERS HAVE LEFT JOB. Builder hires people. doesn't pay and then finds another schmuck to continue. so on and so forth

HeatPro · 12-13-2007, 07:55 PM

My only concern for you is to establish that an order from officers of the court is in writing to proceed lawfully with no 'gotcha's'.
An arrest for passing bad checks is another matter for you to pursue in a future suit.
I suspect his actions are learned after Builder's Associations meetings over a few drinks, as they repeat whenever possible.

Bill · 12-13-2007, 08:04 PM

Here in VA I done a plumbing job and got burned about 1/2 way through. I went back and removed everything that was not fastened down. Next day the sherrif came to my house to arrest me. I told him I removed nothing that was fixed to the building. After investigating I get a call saying I am fine, BUT had I removed anything fixed I'd be in jail because the coustomer had paid the gc for that portion of the work, so the coustomer actually owned all the fixtures and the beef would be between me and the GC, not me and the coustomer.

**Ed the Roofer** · 12-13-2007, 08:09 PM

Quote:

Originally Posted by abp

BUT had I removed anything fixed I'd be in jail because the coustomer had paid the gc for that portion of the work, so the coustomer actually owned all the fixtures and the beef would be between me and the GC, not me and the coustomer.

Unfortunately, even if the customer had not paid for the work, it would be illegal to remove attached fixtures or materials.

To the original OP, FILE YOUR LIEN, NOW!!!

Ed

Patrick · 12-13-2007, 08:13 PM

Quote:

Originally Posted by abp

so the coustomer actually owned all the fixtures and the beef would be between me and the GC, not me and the coustomer.

Not necessarily, We got burned by a GC on a siding job, I went after the homeowner for every dime he owed me. I then spread the word and every other sub on the job went after the HO. Now the GC is the homeowners problem.

snapperhead · 12-16-2007, 05:44 PM

slip the 2 X 4 under the liquid line just out of the condenser and slame the Liquid line flat the lenght of the wood!!!!you might not get the equipment right now but it will never run...for a "quick hit" walk along the job if it is a couple of houses,

and with a channel locks pinch the same line a couple of times and move to the next unit.

Bjd · 12-21-2007, 06:56 AM

I had the same problem a few years back, I went back and shut off the gas to the building and threw a lock on it.
They called the gas co to have it removed and they were told that some one beat them to it, as the gas co was in the process to have it shut off for lack of payment.

BJD

**framerman** · 12-21-2007, 08:03 AM

I would grab a yellow pages ad for an attorney that says like "over the phone consultation, first free" as far as I know, you're not supposed to remove anything once installed. you have to go through litigation.

Tmrrptr · 12-21-2007, 12:44 PM

If that local sheriff will go with you and park at the curb while you remove the equipment, you might be almost safe.

If not, you better go through the court system!

coolmen · 01-01-2008, 09:18 AM

I thought that once it is attached to the house you can not remove it. Go put a lien on the house so it becomes the homeowners problem as far as you getting paid. Or go remove the condenser and let us know if you got locked up or not. I know a plumber who was owed by the builder some 7k. he got a collection agency involved and the builder paid right away.

vlux · 01-02-2008, 03:37 PM

Id remove my equipment if I could! If you think you can get away with it. What is the guy going to do, he cant call the cops he has no proof he paid for anything since he never gave you money.. If you get caught , tell the cops youre still working on it[taking it home that is

] good luck Victor