swimming pool without contract - Contractor Talk - Professional Construction and Remodeling Forum

Poolbuilder · 09-28-2007, 02:11 AM

Hello Everybody!! Help please.

I received a call from a customer saying that I have to fix his swimming pool that was build recently by my company. The problem here is that I never deal with this customer before and of course I never sign any contract with him. The person that who deal with him and construct his swimming pool was the person who I was planning to be my future parthner in the businnes, even we never put nothing in writing or contract as a parthner. He used my license number on the contract with his customer, contract that he didn't sign and course I did't sign either. This person build this swimming pool with poor quality, unlevel and never finish. He took all the money from the customer, checks that was pay under his own name. Now the customer is going to sue me because he is saying that contract was under my business name and license, help please, the customer has the right to sue me when i never receive any check under my business name? I will really appreciate all your input. Thanks.

bigchaz · 09-28-2007, 07:18 AM

Better fix his pool
Then figure out about sueing your partner. Could probably have criminal action pursued against him for fraud

PoolGuy · 09-28-2007, 07:24 AM

This sounds like it would be $ well spent to see an attorney. If your "partner" used your name and license without your permission, that sounds like fraud, but best have it checked out with a good construction law attorney. Good luck.

dirt diggler · 09-28-2007, 07:25 AM

Quote:

Originally Posted by Poolbuilder

Hello Everybody!! Help please.

I received a call from a customer saying that I have to fix his swimming pool that was build recently by my company. The problem here is that I never deal with this customer before and of course I never sign any contract with him. The person that who deal with him and construct his swimming pool was the person who I was planning to be my future parthner in the businnes, even we never put nothing in writing or contract as a parthner. He used my license number on the contract with his customer, contract that he didn't sign and course I did't sign either. This person build this swimming pool with poor quality, unlevel and never finish. He took all the money from the customer, checks that was pay under his own name. Now the customer is going to sue me because he is saying that contract was under my business name and license, help please, the customer has the right to sue me when i never receive any check under my business name? I will really appreciate all your input. Thanks.

oh god - this is is past clusterf**ked

honestly, he may have you by the balls on this. You allowed someone to work under your business/license. So that's shady enough (albeit, not totally uncommon practice). But probably will not help in the court room.

Using the license number - for him that was illegal - and for you to allow it is illegal. I could see an average lawyer being able to turn this against you. God forbid the HO has a good lawyer.

Nevermind what's in the contract at that point. You could win the case - but it still opens you up to having your license in jeopardy. Without a license, not much you can really do, right?

Bottom line - if something goes to court - you're in a certain lose/lose situation, imo (you need to be talking to your attorney - not me or others on here)

how much work would you say needs to be done? Why is the pool unlevel - was it from poor accruacy on installation or do you think from possible settling?? What other repairs need to be done?

elaborate on that ...

btw - dunno why, but something tells me that this is a fiberglass pool ...

daArch · 09-28-2007, 10:01 AM

poolbuilder,

Seek legal representation on this one. If you go at this by yourself without being represented by someone who knows the laws and who who has excellent command of the language, you WILL be screwed.

A lawyer will advise if you have a legal case or not. We are not lawyers,nor do we play one on TV and did not stay at a Holiday Inn Express last night. The only legitimate opinion we can give you is to seek PROFESSIONAL help.

hey, and GOOD LUCK. You are between a rock and a hard place. You have my sympathy.

dougchips · 09-28-2007, 12:47 PM

I've watched Judy Judy a few times so I am an expert on this.

You need to protect your assets and your company name. I would let the customer know that someone "stole your business identity". You do not have a contract with them, you did not pull a permit, you did not accept money from them............ You need the police to press charges and you need a judge to convict the bad guy. Then either you and or the homeowner can sue the bad guy and repair the pool.

Your business relationship with the bad guy will screw this up somehow. If you have the resources to repair the pool and make the homeowner happy you might want to consider biting the bullet. If he is convicted on the criminal charges you MIGHT recoup your money from him.

Hopefully you hired an attorney this morning. You might want to call and have the state re-issue your license and send a notice to the area building inspectors about the bad guy.

gregj · 09-28-2007, 01:28 PM

Well, at least you know not to become a business partner with this guy.

Shooter · 09-28-2007, 04:53 PM

When all is said and done, turn around and sue your ex partner or what ever he was to your company. Partners do/can sue Partners, your lawyer that you will hire can be full of information for the future.

POOLMANinCT · 09-28-2007, 05:05 PM

sounds like forgery to me. I'd find a reason to sue both the installer & homeowner.

mdshunk · 09-28-2007, 05:09 PM

I don't think the homeowner has a leg to stand on. Her dealings were with a guy who basicly stole your idenity.

**joasis** · 09-28-2007, 06:14 PM

Lawyer up, but I am with MD on this one also....the HO is barking up the wrong tree, and it is simple....you didn't sign anything, and unless the other guy has something singed by you agreeing to partnership, you will be in the clear. Matter of fact, I would try the aggressive approach....have the lawyer send them a notice of intent to file suit for defamation or slander....

Chris Johnson · 09-28-2007, 07:15 PM

Your going to spend a few bucks getting out of this, but I would say you will be cleared in the end, unfortunately though it's going to be a pain in the ass until you get there.

**Teetorbilt** · 09-28-2007, 07:30 PM

Something is not smelling right.

Why would the cust. make payments to a partner and not the Co.? If someone wants ME to pay John Doe instead of XYZ Pools, I'm going to start asking lots of questions and making some phone calls.

My first call would be to my attny and I'd follow his advice to the letter. If this guy posed as your partner and swiped your license#, you should have nothing to worry about except the whole procedure is going to be one huge PITA.

Tmrrptr · 09-28-2007, 10:00 PM

You have entered a legal arena, based upon reading your post, that is beyond your personal capability.

Hire help soon as possible.

Most areas have lawyer referral service. Get one that specializes in contract law. Sorry, it's going to cost you. Hang with better friends.
r

CaliDesigns · 09-28-2007, 10:52 PM

Sounds like you set yourself up! Why would you let someone use your license #? If you didn't, why worry about it? If what you say is true, you should have no worries. It's called fraud. Press charges and file your own civil suit.

dougchips · 10-01-2007, 10:31 PM

Quote:

Originally Posted by Poolbuilder

Hello Everybody!! Help please.

I received a call from a customer saying that I have to fix his swimming pool that was build recently by my company. The problem here is that I never deal with this customer before and of course I never sign any contract with him. The person that who deal with him and construct his swimming pool was the person who I was planning to be my future parthner in the businnes, even we never put nothing in writing or contract as a parthner. He used my license number on the contract with his customer, contract that he didn't sign and course I did't sign either. This person build this swimming pool with poor quality, unlevel and never finish. He took all the money from the customer, checks that was pay under his own name. Now the customer is going to sue me because he is saying that contract was under my business name and license, help please, the customer has the right to sue me when i never receive any check under my business name? I will really appreciate all your input. Thanks.

How about an update?

TimNJ · 10-03-2007, 09:15 PM

Quote:

Originally Posted by mdshunk

I don't think the homeowner has a leg to stand on. Her dealings were with a guy who basicly stole your idenity.

Agree. Go to the building dept. and tell them some guy pulled a permit under your license. They'll handle it from there.
Tell HO "Sorry but I don't know you and never did work for you." Suggest to them to call the police and file a complaint against this guy.

This is no different than if I did electric work and said I was "md Electric". md isn't responsible for what I did, and I would charged with fraud by the police.