Going to court - Contractor Talk - Professional Construction and Remodeling Forum

Betterblast · 11-18-2009, 10:02 AM

Back in September I had written about how I was glad that I had taken pictures of a hood which was full of body filler. At the time the customer who at first accused me of warping the hood, took a look at the pictures and opoligized and agreed to pay.

I never did get a check and I spoke to this guy today. He was back to saying I warped it. Said all their guys with all of their experience agree, what a surprise that it was from me, despite that it was covered 100% with filler. He actually just hung up on me. I called back to continue politley, and this time he tried to say how come the ribs were not warped on the underside if it had been warped before. I don't know what he meant by that. He then said "f. you ,you bastard and again hung up. I weant right down to the court to file. I guess we will see. It's only a $200. dollar invoice. I asked for $1000 total for the abusive language. I doubt they would award it but it will piss the customer off.

blastserv · 11-18-2009, 11:51 AM

sounds like something i would do...

as i policy i only blast hoods with soda...if they dont want it done then i can do with out the job and they can keep there 150-250 bucks...i could care less.

on a side note i will be trying walnut once i am out of soda..

back to topic

**ProWallGuy** · 11-18-2009, 02:01 PM

If you value your time, you will realize that $200 isn't worth going to court over. And you won't get 1k just because someone cussed at you. You are thinking with your emotions, and not your head.

BLASTPRO · 11-18-2009, 06:49 PM

did you give the hood back?

Betterblast · 11-18-2009, 06:59 PM

I don't expect to get anything for the cussing. I just want to get the owners attention. I am not concerned with going to a local court house for two hours. It's well worth it to protect my blasting reputation. It obviously isn't about the two hundred. And what's wrong with a few emotions now and then. It's ok to be pissed off and want to do somthing about it. Part of it is how they handled it. They had said they would pay and then just ignored it like I would sheepishly disapear and forget about it. It just erks me. I am just going to take my one shot at it a month from now for like one hour in a court. Let me have my fun.

Betterblast · 11-18-2009, 06:59 PM

Yes blast pro. I do have the pictures still.

Betterblast · 11-18-2009, 07:00 PM

Blastserve. I think these guys would have done this even if I used soda. They

Betterblast · 11-18-2009, 07:02 PM

They don't really think I warped it. They just don't want to use the hood after seeing its condition so paying is a wast of money. The easy thing is to say they are disatisfied and they would have claimed I warped it if I used just air.

Dyer · 11-21-2009, 08:36 PM

I get paid before they take the stuff I blast. I tell them up front that it’s COD when they pick it up. No cash, no merchandise. Just like in a store.
If they write a check, and cancel it, then it shows the intent to pay and that shows the judge that it was ok when they picked it up. Plus it’s illegal to write bad checks to.

I only give time pay on people that I know or have done tons of work for.

I think that you did good to take pictures. I now do this more often too. Helps the port folio, and record books.

Good luck and keep us posted on your judgment.

Betterblast · 11-21-2009, 09:14 PM

I actually picked this part up and then brought it back to them so I kind of did this to my self. I had stoped in to try to get their business so this was the first, and last, blasting I did for them. Oh well. I'll let yopu all know how it goes. It's just a two hundred buck loss so it's just for kicks any way.

Dyer · 11-22-2009, 08:17 AM

One guy dropped off a small motorcycle fender; He said it might not be any good under the paint. I was told to take off as much rust as I could, even if that meant blowing holes in it. He wanted it as rust free as possible. it was rare and hard to come by. he would fill the holes.
I agreed to do it for 50$
When he picked it up the first thing out of his mouth was "I cant use that!" there's F'n holes, Can’t patch that thing. Then didn't want to pay.

I explained that if it was no good and he didn't want to pay I was going to keep it and call it even Stevens.

He paid and acted like he was all put out.

Saw a friend that knows him well, He fixed the fender and it looks new.

I would have taken this guy to court for $50 just because!

He thought I’d do it for nothing… “F”

- Him

blastserv · 11-22-2009, 10:52 AM

no work will be performed for free....if you dont like the outcome of the job...(of course because of the actual condition...not my work)then leave it and i will prime it and sell it for the bill...

Betterblast · 12-06-2009, 02:47 PM

I have a court date set for Dec. 23
They have added a counter action for $300. saying I destroyed the 1965 hood.
You never know what a judge will think But I think my pics will do the job.
Somtimes it's a while before they tell you a decision and it will be over christmas but I will post it when I know it.

wesschaff · 12-15-2009, 08:38 PM

Court?
You did the job didn't get paid -something is wrong- get details setup before you start,most customers are honest and if they're not ,figure out what court is gonna cost you in your time and effort. If it is not worth the hassle let it go! IIMHO its not worth the effort.In 5 years I have only been stiffed for $150 bucks.I gave a guy $50 bucks off once also but he paid me the bulk of $$ due.

BattleRidge · 12-15-2009, 09:53 PM

Quote:

Originally Posted by Betterblast

I have a court date set for Dec. 23
They have added a counter action for $300. saying I destroyed the 1965 hood.
You never know what a judge will think But I think my pics will do the job.
Somtimes it's a while before they tell you a decision and it will be over christmas but I will post it when I know it.

I know what you mean about just doing it to feel like you did something. I took this guy to court over 5k and brought a signed contract, and he didnt answer the summons so it went to decision, now I have been waiting 9 weeks and now answer. Beginning to think I wont get the money either way.

Betterblast · 12-15-2009, 10:48 PM

Wess I understand your thinking. Many would agree that it isn't worth it but "it" realy isn't any trouble at all. It took about ten minutes to fill out the form and court will be a short drive from my shop one day for an hour. I just want to see what happens. I find it entertaining.

As far as details before blasting, well I did tell them what it would cost and they did agree to it. They just didn't come up with the cash after. I couldn't say to them, hey I'm back with that hood now pay me first or I won't take it out of my truck. That wouldn't exactly get me off on the right foot with them. You can't always get your cash for a variety of reasons. Five years is cool run, I mean that, but talk to me in fifteen more years when you have the same time in as I have now. Just recently I put a part on a guys car and he just drove off. I thought he had paid my wife in the office. That was a $50.00 mistake. Things happen.

Betterblast · 12-23-2009, 06:26 PM

Today was court day. Their Lawyer aproached me and asked if I wanted to call it off if they would call off their counter suit. I said thank you no and we went in. It's tough in there. I'm not sure how I did. It's clear that the hood was worked on before. Their possition was that I made it worse although they really have no proof of that beyond their opinion and that I promised It would not warp. Of course I only said I would do my best with it and never gauranteed anything. I objected when they made assumptions and stopped them in mid sentance when they were beyond answering just my questions. I was on fire in there. Well that's how I remeber it anyway. We will have an answer in five days.

HomeElements · 12-23-2009, 09:29 PM

Sounds funny to me a decision wasnt made then, is that normal in that type of thing?

When did they find out the hood was warped, when they went to put it on the car?

Betterblast · 12-23-2009, 10:05 PM

Actually judges often delay an answer. There was someone else in a post that said they are waiting and I have a friend with a landlord problem who also waited.

They new when I brought it back to them but it was worked on before so who knows if it changed from my blasting it. I used walnut and fine glass at about 35 psi. What more can you do? Even if it did move more there isn't anything more I could have done to prevent it.

From now on I don't deliver anything or let anything leave the shop before it is paid. I think I will also make a contract that explains that there is always some risk of warping on sheet metal or holes appearing where rust is heavier than expected or had been hidden by fillers. and that payment is not dependent up on the usibility of any item after blasting. I will also explain that masking, wheather by me or by the customer does not gaurantee the saftey of the part. Any thing attached to an item brought in to an abrasive blasting environment might get blasted. If you don't want it blasted take it off. Even if you get paid you don't need some clown draging you to court later saying they didn't know when they picked it up that it was damaged in some way and now they want money back or worse a replacment cost of maybe a whole clasic car.

HomeElements · 12-23-2009, 10:19 PM

I guess what I mean is it was on the car and was not warped before you blasted it? I think the issue should not be your responsibility because it was abviously worked on extensivly before you got it, however you did tell them it would not warp no? That could be what hangs you there.

I went to small claims court many many years ago back when I was just a laborer laying carpet, as witness. This restraunt was trying to sue the carpet company for loss of business since the job ended up taking a day longer. They lost, but the judge made the decision right then, thats why I asked.