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Discussion Starter · #1 ·
HI all

I worked for a builder as a superintendent and worked on the structural layout and pile placement of a residential deck (of which the paper work was not documented at all -no permits, engineering , prints)with as well as ledger boards on the house for beam support during work hours. I also own a carpentry company that did work on the deck of which I did not participate in.

The working relationship dissolved and i no longer work for them and now they are blaming my company for the work that resulting in some reframing etc even though I was acting as an employee when I did the work and not as a sub contractor. I as an employee laid it out and did the all the supports to the house and put the beams in place and joisted the deck

The company is now saying that even though they owe us money on a completely different job that they can back charge us for the work as per the sub contractor agreement which references a set-off clause pertaining to holding money back....HERES THE CATCH....

(and it gets complicated)

The work was done by "Johns Carpentry" without a contract signed and the check was made in full two months ago to "Johns Carpentry"

That partnership also dissolved and I resigned as a director two months ago

The new work completed last week was done by "Johns Wordworking" and the sub contractor agreement was signed by the company foreman of whoms paper work is still not filed as weve been so damn busy to make him a partner and NOT the owner (me) of Johns woodworking.

Their lawyer is siting the contact as the rule that we have to abide and are wanting to back charge us $3000 for the work of which we were never formally called to complete the work as they couldn't get an inspection as they didn't even get a permit.


So in summary....do I

A) Just ask them to provide the contract of which isn't signed by company ownership of which I will say good luck with that holding up the signatory is not an authority for the company

B) Get them to provide a list of work and material and an invoice for the work from the carpenters that "went back and did it" and then after they do the work to do that ask for the contract with my signature on it

C) Just lien the house after I do "A"
 

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Super Moderator
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Oh what a tangled web you have woven between your 3 posts here. You need an attorney to sort this out and he will likely take the 3K your feel you are owed.

Just find a way to absolve and remove yourself from this.
 

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GC/carpenter
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Take the 3g loss, it’s not much money to just walk away. And never do this again. I think you will more then likely stand a chance of losing more then the 3g if you try to collect.
 

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Super Moderator
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Take the 3g loss, it’s not much money to just walk away. And never do this again. I think you will more then likely stand a chance of losing more then the 3g if you try to collect.
I don't think he wants to hear that, because it's painful, but that is also my advice. Get out before it gets worse.

There's always the next job.
 

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Particulate Filter
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You ever hear that voice in your head that says, you should do that it would be the right thing to do? What about the one that says Hehehe I dont owe them nothing, its just a piece a paper, theyll never catch me muahahaha?
 

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General Contractor
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What do you think this means " I also own a carpentry company that did work on the deck of which I did not participate in"
I got news for you, if you own the company and your company did the work...you answer for what your company did. Period.

With that said and reading all this twisted s^*t you got going on and the way you do things, I don't think even you can tell a difference between your elbow and your a$$. You gonna get squat from that, so walk away while you ahead, because you gonna stir up some s^*t and you gonna swim in it not to mention is gonna end up costing you allot more then what you looking to get.

Good luck
 

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Thom
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4,137 Posts
Some people shouldn't try to own/operate a business.
 

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It sounds like you are trying to weasel your way out of responsibility by saying hey I changed the name of my company, so all that bad work I did previously isn't my problem anymore.

You speak of a partnership which makes me think you are a corporation, and from what I know closing a corporation isn't as easy as going well I'm done lets call it woodworking now and not carpentry.

Having people knowingly sign for stuff who are not a representative of the company is just a shady business practice.

Your probably best to walk away before someone brings your shady business practices to light. I mean how good do you think it would sound in court to go, your honor I didn't sign the contract, I had the other guy who is in no way a part of the company do it.
 

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Think of it as a learning experience and move on. Perhaps you should have had some involvement in the deck building process, maybe you wouldn't be in this trouble. Most generals will hold back money or make you fix mistakes at your own cost. This is not unusual and I am surprised that they would hire you again under any name.
 
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