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HO Skipped Final Payment...help

 
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Old 05-10-2015, 06:32 PM   #1
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HO Skipped Final Payment...help


Hey all. So I am looking for some advice. I was hired to paint a deck for a HO (who is a Ltn. for police). Medium sized deck and I charged a little under a grand with half up front. Our agreement was one coat and just a simple scrubbing. I tried to sell him a full restore job with power washing, replacing bad boards and fixing all lose or raised nails but he insisted just painting. So 12 hours before the job, he decides to change the paint that was in the contract. Within 10 minutes of the job being started the next day, one of the family members of the house comes out and starts insisting it is 2 coats and I needed to hit any raised nails back down In the floor and railings. I explained that wasn't part of the contract and continued to work. After job was complete, HO who signed the contract refused to pay stating that too many nails were sticking out of the wood In the floor and around the railings/banister. I explained that we were under contract and it was only painting. Here's where I'm stuck. I'm a LLC and I have general insurance, I applied MONTHS ago for my state HIC number and I'm still waiting for it. It is home improvement season and I could not hold out any longer.I did not lose much on the job but it just stings (especially since its a public servant) and want to see what my options are.
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Old 05-10-2015, 06:42 PM   #2
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Re: HO Skipped Final Payment...help


I'm not sure where you are located but I'm assuming HIC is something like Home Improvement Contractor.

If you're working without a license or registration or whatever is required of you and your client knows it he may have you over a barrel. It seems to me like your best option at this point is to set the nails and touch up the paint as necessary.

Not for nothing, if I was hired to paint a deck I would set the nails, even if they didn't pay for other repairs. It's just part of prepping for paint. How many nails are we talking about?

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Old 05-10-2015, 06:43 PM   #3
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Re: HO Skipped Final Payment...help


What state?

If you are in Cal. from what I have read, you are out of luck.
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Old 05-10-2015, 06:43 PM   #4
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Re: HO Skipped Final Payment...help


I usually cuss up a storm and knock in the nails. And, I'll always at least button it up a little if it only takes a couple hours. That's what keeps the business coming in
I would never accept the project unless I was going to do it right

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Old 05-10-2015, 06:48 PM   #5
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Re: HO Skipped Final Payment...help


NJ....

and setting nails should have been part of prep.

too much BS.....

change the paint, two coats..sounds like a nickel & dime HO anyways...

hence my tag line....
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Old 05-10-2015, 06:53 PM   #6
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Re: HO Skipped Final Payment...help


If you're working without the required licensing, the courts will be of no help. They cannot enforce an illegal transaction.
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Old 05-10-2015, 07:05 PM   #7
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Re: HO Skipped Final Payment...help


The nails in the floor weren't that bad. We sucked it up and hit them in around the floor. The railings and banister were awful though. Thanks for everyones input. I'll put this job in the past and move forward more enlightened and figure Karma with even everything out :-)
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Old 05-10-2015, 07:14 PM   #8
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Re: HO Skipped Final Payment...help


no number no workey..
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Old 05-11-2015, 08:38 PM   #9
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Re: HO Skipped Final Payment...help


I would simply ask what it takes on your part to finish the job to his satisfaction. Then just suck it up and do it and get paid.

What you loose in time and materials will be worth it in saving your reputation.

Is the customer a police officer in the same jurisdiction where you are working? If so a complaint to City Hall on the officer's conduct may get you somewhere, yes their conduct applies off duty too. Suppose to anyway.
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Old 05-11-2015, 08:48 PM   #10
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Re: HO Skipped Final Payment...help


You shouldn't have agreed to do a half ass job now you get half payment. But you're dealing with a jerkoff.

Last edited by avenge; 05-11-2015 at 08:55 PM.
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Old 05-11-2015, 09:02 PM   #11
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Re: HO Skipped Final Payment...help


knocking those nails in seems like common sense to me. If you start doing stuff half-a$$ed it will be easier to keep doing it that way and others will hear about it. Fix it and talk to the Lt. and smooth this over with him.

I am curious, how long does something like this take? Can't take more than a day does it? Wonder how much materials run for a 'medium' size deck, did the HO provide on his dime?
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Old 05-11-2015, 09:11 PM   #12
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Re: HO Skipped Final Payment...help


People want a low bid and high quality but they won't tell you that. It's part of the art of contracting; you have to figure what will satisfy the client before you bid and bid accordingly. You also need to learn really fast that some people are cancer and you cannot satisfy them except by LOSING.

When comes to painting, well, I have a saying. The bid is always too high and the work is never good enough.

Had a gc once tell me he expected his dimensional exterior deck grade lumber to look like glass.
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Old 05-11-2015, 09:31 PM   #13
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Re: HO Skipped Final Payment...help


If it were me, I woyld go to the station where he worked and ask for him by name. If he wasn't there I would leave my name and phone #.

I would spare no sweat in making sure I collected the payment he ageeed to.

I hate d-bags that hide behind a badge/title/position.
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Old 05-11-2015, 09:34 PM   #14
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Re: HO Skipped Final Payment...help


Quote:
Originally Posted by 72chevy4x4 View Post
knocking those nails in seems like common sense to me. if you start doing stuff half-a$$ed it will be easier to keep doing it that way and others will hear about it. Fix it and talk to the lt. And smooth this over with him.

I am curious, how long does something like this take? Can't take more than a day does it? Wonder how much materials run for a 'medium' size deck, did the ho provide on his dime?
bingo!!!!!!!!
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Old 05-11-2015, 10:02 PM   #15
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Re: HO Skipped Final Payment...help


Quote:
Originally Posted by Metro M & L View Post
Had a gc once tell me he expected his dimensional exterior deck grade lumber to look like glass.
That reminds me of the last job I did as an employee in 1989. Last day on the job, 3rd and final coat on woodwork in a remodeled bath. HO starts pointing out things, 1/4" gaps on casing miters, rough areas on #2 pine used as finish trim. I explained that was the carpenter, it's been caulked and spackled that's all I can do. He blamed me for it, the painter.

Called my boss told him the HO is blaming me for the carpenter's shabby work. My boss says to me that I'm causing a problem. Hung up on him, walked off the job went to the office had a few choice words for him and quit.
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Old 05-12-2015, 06:16 AM   #16
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Re: HO Skipped Final Payment...help


You bang the guy for a grand and you don't even bang a few nails down? If I was him I probably wouldn't pay you also.

What is a simple scrubbing? On the aged deck with nails popping out all over the place don't sound like you can get away doing prep work with a simple scrubbing?

With that said I don't know anyone licensed or even without a license who would take a job staining without doing prep work the right way.

As the payment goes, kiss your money goodbye, he is a cop he knows you have to be licensed to do any home remodeling work if that is a state law, assuming it is because you applied for a license and I'm sure he checked is what they do best.
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Old 05-12-2015, 06:39 AM   #17
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Re: HO Skipped Final Payment...help


Get off your high horse! Re-read the op. He offered that service you are insisting he do for free. Ho rejected that.

Now if you wamt to offer advice for the future, ny all means suggest away.

What he charges is irrelevant to the situation (as many of you claim-price varies with location etc)

This guy agreed to his price and is now trying to back out. I agree he may not win a court battle, but that avenue ishould never be pursued here.
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Old 05-12-2015, 08:05 AM   #18
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Re: HO Skipped Final Payment...help


Quote:
Originally Posted by avenge View Post
I explained that was the carpenter, it's been caulked and spackled that's all I can do. He blamed me for it, the painter.
"A little bit of caulk and a little bit of paint make a carpenter everything he ain't".
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Old 05-12-2015, 08:59 AM   #19
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Re: HO Skipped Final Payment...help


Quote:
Originally Posted by Tom Struble View Post
no number no workey..
Not so!

Fear not, OP, you may be ok.

Assuming you're in Jersey, you should be legit the moment they cash your check, which if I know Jersey they did instantly.
Pay attention to the receipt you got from Consumer Affairs. It should say something on it staying that your number is applied to you as soon as you are entered in the system(cashed check) and that you can work before your physical card arrives.
This puts you on better legal standing, but probably won't help you get your money.
Can you go back and negotiate for setting the nails and adding a second coat, while pointing out the outstanding debt and your right to lien based on the contract?
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Old 05-12-2015, 09:49 AM   #20
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Re: HO Skipped Final Payment...help


crooked thumbs:

You need to step back and take a bigger view. This non-payment stings right now, but how large of a percentage of your yearly gross is it? 2%? 4%? That's how you have to look at these things.

As I look back on the times I've been burned, many times it was my own fault. People like this give all kinds of warning signs and you've just paid tuition at the school with the class in how to detect them. Take notes and move on.

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