[ProWallGuy]

Got a situation on my hands, wanted some opinions/directions ya'll would take to rectify the problem.

I have been installing vinyl for a particular GC for about 3 years now. He does mainly restaurant remodels. Knew him for a while before that also.

For the first year or so, I had contracts on all the work we did, signed with a 1/3 down. After we went along for a while, I started slacking on the contracts. Never had a problem getting paid, and a lot of times, he wasn't on the site, and getting a signature was a hassle. I didn't want to stand around and wait for him to arrive when I got guys that could be working. He liked my work, and always had my walls ready for me when I arrived. He also paid way above average vinyl w/c rates (12.50 lin. yd.) so the $$$ was good. Average job was 2 men, 10 hour day, $1500-$2000 invoice. So we got comfortable with him just calling me saying XX job would be ready on next Friday. We'd show up, sling the w/c, and I'd invoice him when done.

Well, we did 3 different jobs for him in March and April,and after invoicing, i left town for a bit. Got back, and called to see where my checks where. This was in early May. He said he never received the invoices, the money was in the bank, and he was ready if I could invoice him again. I always emailed them so I thought maybe they got lost in cyberspace. so i re-emailed, and also gave hard copies to his foreman on the next job that we did for him (#4). called a couple days later, he mumbled something lame about he had not got paid for the jobs yet and hung up. Trouble ahead.

I reckon you see where this is going. Now the guy is MIA. His foreman says he hasn't heard or seen from him in over 2 weeks, and 2 pay days have rolled by with nary a dime handed out to his workers. Word on the street around here is that all the money went up his nose and he's in deep $hit.

My question is that I know the procedures for filing a lien on a residential homeowner, but not sure how to go about this situation. ese jobs were done in storefronts where the business owner was leasing from the building owner. Who to lien? Can I lien? Should I hunt him down and go ghetto on him?
I know all states have different laws, but was just curious if anybody had dealt with a similar situation. My lawyer is getting a call in the a.m.

Sorry for a long post, I know Grumpy probably fell asleep after the 1st paragraph.

 

[mdshunk]

You don't know anyone named "Guido" that can break his kneecaps, do you?

That's frustrating. I'd be interested to hear what you find out from the attorney on putting a lein on this, if you even can.

 

[PipeGuy]

...He also paid way above average vinyl w/c rates

That's a good sign that there's stormy seas ahead. I've never come across a GC that can do that and stay in business.

My question is that I know the procedures for filing a lien on a residential homeowner, but not sure how to go about this situation. ese jobs were done in storefronts where the business owner was leasing from the building owner. Who to lien? Can I lien?

In my state, the value of the improvement has to be at least 15% of the total value of the commercial property in order to assert a lien.

Should I hunt him down and go ghetto on him?

I'd definitely try to track him down and see if I could favorably exploit his drug impaired judgement. I wouldn't go alone though.

 

[CARPENTERDON]

Collecting from a deadbeat GC

I would file a civil lawsuit against this guy. I had to do this on a GC that I did work for 4 years ago.

About 10 minutes after receiving the summons he called me wanting to straighten the whole thing out.

I gave the guy 90 days to pay up initially, he didn't, I filed the suit, we settled 3 days later.

I had added the accrued interest on to the invoice for 30, 60, 90 days past due.

 

[Bjd]

I am real not sure at how it works, however I have known of a few supply houses going after the home owners/business owners for the cost of materails.
I would think that you should be able to go after the business owner for the funds, and or at least try.

That sucks when a GC bites the dust, and forgets to pay.

BJD

 

[ConcreteGuy]

This topic sickens me.

Your lawyer will seek all remedies. I feel for the homeowners, but you gotta do what you gotta do. This is not your fault and you have bills to pay.

Do what you have to do.

How about we send crop dusters loaded with Round-up to Columbia, Mexico and Afghanistan? Can it be that easy?

 

[Teetorbilt]

Here, you can file a lien against the property. You may also not recover until that property is sold. If you can get in prior to the final transaction, chances are good that somebody will pay you. If the buyer is in posession, you have to wait until they pay or the property is sold. Usually in the same time bracket.
I've known guys that have gone 10+ yrs.
Me? I have my ways.

 

[reveivl]

"How about we send crop dusters loaded with Round-up to Columbia, Mexico and Afghanistan? Can it be that easy?"

That would put the price up and Teetor would get his truck lifted again.

 

[Grumpy]

Sell the receiveables for a percentage and move on. I can put you in contact with a company that does this.

I have a friend who has a friend who knows a guy who is Ex-Russian military way back from the Russian-Afgan war days. I've never met this guy but hear he is built like a skyscraper and very intimidating. Since he got here in these United States he found his niche as a bill collector. He buys recieveables at 50% their value and then collects. Can we say Russian Mafia?

BTW this guy isn't the company I spoke about above.

 

[ppmc]

Got a situation on my hands, wanted some opinions/directions ya'll would take to rectify the problem.

I have been installing vinyl for a particular GC for about 3 years now. He does mainly restaurant remodels. Knew him for a while before that also.

For the first year or so, I had contracts on all the work we did, signed with a 1/3 down. After we went along for a while, I started slacking on the contracts. Never had a problem getting paid, and a lot of times, he wasn't on the site, and getting a signature was a hassle. I didn't want to stand around and wait for him to arrive when I got guys that could be working. He liked my work, and always had my walls ready for me when I arrived. He also paid way above average vinyl w/c rates (12.50 lin. yd.) so the $$$ was good. Average job was 2 men, 10 hour day, $1500-$2000 invoice. So we got comfortable with him just calling me saying XX job would be ready on next Friday. We'd show up, sling the w/c, and I'd invoice him when done.

Well, we did 3 different jobs for him in March and April,and after invoicing, i left town for a bit. Got back, and called to see where my checks where. This was in early May. He said he never received the invoices, the money was in the bank, and he was ready if I could invoice him again. I always emailed them so I thought maybe they got lost in cyberspace. so i re-emailed, and also gave hard copies to his foreman on the next job that we did for him (#4). called a couple days later, he mumbled something lame about he had not got paid for the jobs yet and hung up. Trouble ahead.

I reckon you see where this is going. Now the guy is MIA. His foreman says he hasn't heard or seen from him in over 2 weeks, and 2 pay days have rolled by with nary a dime handed out to his workers. Word on the street around here is that all the money went up his nose and he's in deep $hit.

My question is that I know the procedures for filing a lien on a residential homeowner, but not sure how to go about this situation. ese jobs were done in storefronts where the business owner was leasing from the building owner. Who to lien? Can I lien? Should I hunt him down and go ghetto on him?
I know all states have different laws, but was just curious if anybody had dealt with a similar situation. My lawyer is getting a call in the a.m.

Sorry for a long post, I know Grumpy probably fell asleep after the 1st paragraph.

I have never been in that situation ,I have had to take a cpl of customers to court but anyway I feel for you and hope things go well. :Thumbs:

 

[747]

I was justing thinking the same thing as Mdshunk. Ride a few big old boys up on him and say pay up or else. Tell then body work only.LOL

 

[ProWallGuy]

I was justing thinking the same thing as Mdshunk. Ride a few big old boys up on him and say pay up or else. Tell then body work only.LOL

Yeah, my gut says kick his a$$. But that will only get me in trouble of my own, and still no $$$$$.

 

[ConcreteGuy]

It is not illegal to knock on someones door. You have bread to make, and you had a deal. Why should you starve at the hand of a shrew?

 

[ProWallGuy]

update

Got a knock on my door last night around 8pm.
Guess who?
The GC was standing on my porch with a handful of brand new 100's.
Paid me up in full in cash, all the while, apologizing profusely about how he'd done some stupid things and got in a real financial bind. Then asked me if I was still interested in working on his projects. I told him I would talk with a couple of his other subs and see what I can do, and I obviously would want to get back in the habit of a signed contract for each and every job. He said no problem.

I think I should have gone to the casino last night, I had good $$ karma yesterday.

 

[Grumpy]

Congrats, but why the cash? Did he rob a bank?

It was nice of him to show up unexpected instead of you chasing him.

 

[ProWallGuy]

I really didn't care where he got it from, as long as it ended up in my hand. I'm glad I didn't have to play the waiting game to see a check cleared or not.
He has been a GC around here for years, my bet is he landed another big job, and was paying off subs with his down payment.
Kinda like robbing Peter to pay Paul.

 

[slickshift]

Glad it has a happy ending
I'd like to know (if you don't mind sharing) if you've decided wether or not to work on anymore of his projects
It sounds like you had a good thing going before he messed up
Do you think he's learned-his-lesson/just-made-a-mistake or is this incedent just foreshadowing your future relationship?

I mean this guy didn't call you and say he was short, could he have an extension, he went MIA
And not just ducking your calls type MIA

At least he showed up with cash and is trying to make ammends

 

[ProWallGuy]

I'd like to know (if you don't mind sharing) if you've decided wether or not to work on anymore of his projects

That is the $64,000 question. Haven't made up my mind yet.
If so, he will be signing and coughing up a down payment before I even think of unloading 1 tool from the truck.

 

[PipeGuy]

Tim, Did you do anything in the way of collection techniques besides making calls to him?

 

[ProWallGuy]

No. I had a call in to my lawyer, and he said he would start by writing him a letter to light a fire under his a$$, but other than that, I didn't do anything.
Well, I did make it well known to the other subs and acquaintances that I was looking for him, but never crossed the line with threats or whatnot. Just made sure everyone knew I was REAL unhappy.

BTW, the lawyer said he hadn't even mailed out anything, as he was still doing a credit/background check on him.