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Subcontractor Lawsuit

 
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Old 05-07-2019, 06:20 PM   #41
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Re: Subcontractor Lawsuit


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Old 05-07-2019, 06:53 PM   #42
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Re: Subcontractor Lawsuit


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God, joasis, really... please have the decency to at least follow the thread before you open your big mouth... you are regurgitating tropes and assumptions I have already addressed above..come on man... sure hope you are not as ill prepared in your trade...

Your response says it all. I hope you pay in spades....

Psssttt....in case you missed it, I am a successful GC, and haven't screwed my subs....so I must not be ill prepared.

Tell me not to be ill prepared...to do what? Cheat a sub?
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Old 05-07-2019, 07:10 PM   #43
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Re: Subcontractor Lawsuit


Thanks John. That is helpful.
The hospital paid me in full for that job, but while i was finishing that job, they wanted me to do other work on that facility, and another one they own. The PM assured me that the payment for the new work was coming right away, but hasn't yet. They did pay me in full for the roof job, just not on the new work I did using the roofing funds. I will get paid, no doubt, which is why I don't want to file a lien even if able, (but roofer filed a lien on that facility where they did the work) but those hospital companies (nursing homes) do a lot of shuffling monies around too, so often we go months without being paid (depending on the company, another one owes me 20G for over 6 months.) So on paper I have enough money to pay off roofer/bonding company, and was pretty sure it would be here already, but hasn't so far.
The interesting thing is that the roofer (it is a big company) also does work directly for same types of hospitals, and are currently owed about 50g by same company that owes me 20g.
My surety bond is $15000, so that is the amount paid to the roofer, I assume.
So hopefully, as soon as money comes in, I paid the surety bond co its 15G, then start paying the roofer even before we head to court.
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Old 05-07-2019, 07:14 PM   #44
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Re: Subcontractor Lawsuit


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Originally Posted by Joasis View Post
Your response says it all. I hope you pay in spades....

Psssttt....in case you missed it, I am a successful GC, and haven't screwed my subs....so I must not be ill prepared.

Tell me not to be ill prepared...to do what? Cheat a sub?
I be watching with baited breath, joasis.... life has a tendency to turn on a dime, and the shoe o so quickly is on the other foot... I will save many good thoughts for you when you need them...
The value of screwups is the learning we do from it, and especially the improvements we gain from ensuring we don't make them again. I am a better everything from this, a gift I am paying for but coming out the other hand better for it...keep throwing stones meanwhile...
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Old 05-07-2019, 07:17 PM   #45
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Re: Subcontractor Lawsuit


What is your background, Maodo.

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Old 05-07-2019, 07:31 PM   #46
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Re: Subcontractor Lawsuit


professional background or geographical?
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Old 05-07-2019, 07:36 PM   #47
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Re: Subcontractor Lawsuit


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professional background or geographical?
Professional

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Old 05-07-2019, 08:07 PM   #48
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Re: Subcontractor Lawsuit


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Professional

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I am an architecture school graduate and amateur tinkerer who learned about the trade by taking a job with a engineer then a design and build guy after graduation. I always thought that knowing how to build would make me a better architect, and I loved it. Bought a couple of homes and remodeled them myself.
I took the GC test 10 years ago and have been working since.
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Old 05-07-2019, 08:36 PM   #49
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Re: Subcontractor Lawsuit


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I am an architecture school graduate and amateur tinkerer who learned about the trade by taking a job with a engineer then a design and build guy after graduation. I always thought that knowing how to build would make me a better architect, and I loved it. Bought a couple of homes and remodeled them myself.

I took the GC test 10 years ago and have been working since.
Imagine being a banker, walking into a bank board room and telling them you risked money that wasn't yours that the bank owned on a gamble to make money for yourself and lost the bank's money.

That's why you're getting this response dude.

Tin is right, no reason to pile on you, that was not my intent. I spoke my true thoughts and it came out as an insult to you.

Joasis did the same thing, he's talking as a veteran contractor who has built hundreds of structures without doing what you did.

It's not an easy crowd but it's a good crowd.

I hope you stick around, look forward to further conversing. I do have respect for your candor and honesty

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Old 05-07-2019, 08:44 PM   #50
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Re: Subcontractor Lawsuit


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Imagine being a banker, walking into a bank board room and telling them you risked money that wasn't yours that the bank owned on a gamble to make money for yourself and lost the bank's money.

That's why you're getting this response dude.

Tin is right, no reason to pile on you, that was not my intent. I spoke my true thoughts and it came out as an insult to you.

Joasis did the same thing, he's talking as a veteran contractor who has built hundreds of structures without doing what you did.

It's not an easy crowd but it's a good crowd.

I hope you stick around, look forward to further conversing. I do have respect for your candor and honesty

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Of course, I understand, John. I have been on this site on and off for years, never posted before however, never needed to.
I'll gladly take the harsh talk as long as folks also offer practical advice, like you and kap did , otherwise just feel like being hit with a brick over and over when I have already learned the lesson
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Old 05-07-2019, 08:52 PM   #51
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Re: Subcontractor Lawsuit


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Of course, I understand, John. I have been on this site on and off for years, never posted before however, never needed to.

I'll gladly take the harsh talk as long as folks also offer practical advice, like you and kap did , otherwise just feel like being hit with a brick over and over when I have already learned the lesson
Well how's your credit? Why not do what my buddy said? Go to the bank show then your receivables, pay a hefty interest and borrow the money to pay your people. Tell him you need operating capital to complete

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Old 05-07-2019, 09:08 PM   #52
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Re: Subcontractor Lawsuit


I tried that, that was my last resort... and it seemed like it was going to work, the roofer was also aware of that. My bank started positive but then was jerking me around. I tried to go through online sources, same thing there. Unfortunately, though i showed plenty of income, there were feast and famine months, and they felt uncomfortable with such swings in income. Currently working on another loan, which if comes through, I should be able to pay everyone in full. Hopefully before court date.
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Old 05-08-2019, 12:18 AM   #53
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Re: Subcontractor Lawsuit


Rob Peter to pay Paul ( No offense Divinci) what the hell do you expect Peter to do?


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Old 05-08-2019, 12:33 AM   #54
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Re: Subcontractor Lawsuit


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Chill out, folks. He's already admitted multiple times that he screwed up. Give him a chance to learn from it before you burn him at the stake.

Maodo, best I can make out from all the back & forth is that your prime question is whether you have to hire an attorney. The answer is that no, you don't have to. Would it be wise to do so? Hell yes.

This thing gets into the court system, you could be facing punitive damages in addition to what you already fairly owe the sub. Lawyers know what to expect and defend against in that respect; you and I... probably not. I don't envy your predicament.
Thanks Tinstaafl... exactly what am looking for.
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Old 05-08-2019, 06:10 AM   #55
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Re: Subcontractor Lawsuit


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Rob Peter to pay Paul ( No offense Divinci) what the hell do you expect Peter to do?


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Old 05-08-2019, 06:31 AM   #56
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I think that the expression should be: Rob Peter to pay Paul. Screw Mary.
Why do you think Paul needed the money?...
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Old 05-08-2019, 07:32 AM   #57
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Re: Subcontractor Lawsuit


There is a reason that a GC should have solid credit, and financial ability.

A concrete sub didn't have an account in an area we were building in for concrete....asked if I would let him use my account? Now....I had used this guy already for 10 years, he is a golfing buddy and friend of my son's, and he works for us several times a year, plus we were building the structure....so sure.

2 months pass, and I get a past due notice from Dolese. (Ready Mix)...I start checking the bills, and he hasn't paid a dime on any of the tickets...72k worth as I remember. I call him...yeah, yeah, I have a check ready to send them. I remind him that we have been off of that job, and I paid him a month ago..in full. I yelled at my son...he is your pal, what the f is up? He promised to take care of it....and after 90 days....it wasn't paid.

I was the general on the job, all the accounts were square, and it was my baby. I went to the bank and advanced our credit line to cover it...and then turned up the heat.....so the dead beat finally paid....gave my son the check, wouldn't come close to me....and we ended 10 years of working together....last concrete pour he did for me was worth close to half a million....and this unfolded just after I paid him for that job...had I known I would have held payment...but anyway, he can't do it again because he will never work for us again.

To the end of this tale....he got the job for a car dealership, and did all the building and parking....and then never paid the ready mix people....who filed liens and the owner filed suit in return...the concrete guy took BK...and never explained where 750k went.

My son told me that Brandon, the concrete guy, had started an affair with a dancer, left his wife, and went to Vegas every weekend....and presto, the money was gone. I felt like we were damned lucky to have got the 72k paid before he screwed the pooch.....

So...I never let subs charge to me....I buy everything, and then they can't screw anyone except their guys....now some concrete guys will not work for me because they are not making anything on concrete or steel....only labor, but I won't have a dickhead try and spend my money or my client money on something other then the account receivable.

Make sense why John and I are hard asses about paying your subs, suppliers, and anyone you do business with? If you have a reputation of screwy practices with money that isn't yours, the story will get out and you will be going the path of a lot of GCs of past times.
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Old 05-08-2019, 07:34 AM   #58
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Re: Subcontractor Lawsuit


To the OP, now would be a good time to just be quiet, and, let this thread die. You are not going to get different answers at this point. There is no "magic bullet" that is going to solve your problem, just like playing the lottery here in California 4 times a week is going to solve your financial problems either. Yes, people here did pile on, but only after you kept coming up with excuses.

To pat myself on the back, I started my first business when I was 16, that was 50 years ago. I have probably made more bad decisions that good ones, luckily the good ones, over time, overrode the bad ones.

But the one thing I did learn, early on, is that everyone gets paid before I do. Even now, I am the last to get paid.

Sometimes this construction and contracting business is not for everyone. You need to be as much a businessman as a tradesman. A lot of tradesmen get in and get busted over the business part. Same is true for others on the periphery (accountants, construction workers, architects, office workers, order takers, etc).....all because of a lack of basic financial and business knowledge.....along with some smarts of what to do when things go bad.
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Old 05-08-2019, 09:06 AM   #59
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Re: Subcontractor Lawsuit


I have been on the other end of the spectrum too, a few times. I've paid subs in full and then had to go back myself, and fix their flaws. Nothing really major, I just expected better follow through, after I've paid them before finishing.
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Old 05-08-2019, 09:13 AM   #60
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Re: Subcontractor Lawsuit


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But the one thing I did learn, early on, is that everyone gets paid before I do. Even now, I am the last to get paid.


Worth repeating before the thread dies

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