First of all, I have to say that even though I just registered as a user on this site, I've been visiting for quite a while now and have benefitted a lot from the advice, suggestions, and tips given here. So thanks.
I have a question regarding a problem customer (I'm sure we've all had them!) I can email anyone who would like to hear the full story, but basically this is the short story....
A few months ago, a guy hired me to do some work on the property he purchased to remodel and sell. We signed a contract and he gave me an up-front payment. Part of the agreement said that I would provide and pay for garbage dumpsters during the demolition (which he hired someone else to do) and throughout the remodel. The house ended up collapsing during demolition and I had to pay for a dozen or so dumpster pick-ups, which was more than I had planned but I still paid for them uncomplainingly. I also met with him several times after the contract was signed, talked to him on the phone, gave him a lot of consulting, helped him with the permit office, did design work, and a lot of legwork, etc. He eventually decided to cancel the project and is now selling it. He has hired a collection agency--basically a intimidator--to get the entire amount of his up-front payment back. I know he lost alot of money on this project and he's trying to make up some of his losses on me. This collector has threatened to go down and file at the district attorney's office for "fraud", then told me I'll get arrested, etc, etc, etc.
This is the first time I've EVER had a problem like this with a customer, but I refuse to pay what I do not owe. My feelings are this: 1. After the contract was signed and I received the up-front payment, I did exactly what I was supposed to do and paid for what I was supposed to pay for. By the way, the payment was called an "up-front" payment in the contract and did not stipulate any specific work that would be done for that amount. It was simply payment for me to get started, to cover what work I had already done and cover the work I would do at the beginning, as well as cover the costs of the dumpsters, etc. I'm just saying this to let you know what technically the contract stated in case he wants to get technical. 2. As I mentioned, I already spent a large amount of money on the trash removal, as I agreed to do on the contract. He can't expect to get that back whatsoever. That doesn't begin to cover my time and labor, either. 3. I did everything I said I would do according to the contract. There is nothing that he can point to in the contract that I failed to live up to or do, and I certainly didn't defraud him. Bottom line is that he breached the contract, not me, and he decided to breach the contract after I spent money on and put a lot of time and energy into the project. I'm a nice guy, but I'm not a pushover and I refuse to let people take advantage of me.
So this is basically the story. I'm wondering what you guys think I should do, tell him, tell his collector, and so on. Any suggestions or advice would be greatly appreciated. If you need any more details or have any more questions, please feel free to post it on here or email me. Thanks.
David D.
New Orleans, LA
I have a question regarding a problem customer (I'm sure we've all had them!) I can email anyone who would like to hear the full story, but basically this is the short story....
A few months ago, a guy hired me to do some work on the property he purchased to remodel and sell. We signed a contract and he gave me an up-front payment. Part of the agreement said that I would provide and pay for garbage dumpsters during the demolition (which he hired someone else to do) and throughout the remodel. The house ended up collapsing during demolition and I had to pay for a dozen or so dumpster pick-ups, which was more than I had planned but I still paid for them uncomplainingly. I also met with him several times after the contract was signed, talked to him on the phone, gave him a lot of consulting, helped him with the permit office, did design work, and a lot of legwork, etc. He eventually decided to cancel the project and is now selling it. He has hired a collection agency--basically a intimidator--to get the entire amount of his up-front payment back. I know he lost alot of money on this project and he's trying to make up some of his losses on me. This collector has threatened to go down and file at the district attorney's office for "fraud", then told me I'll get arrested, etc, etc, etc.
This is the first time I've EVER had a problem like this with a customer, but I refuse to pay what I do not owe. My feelings are this: 1. After the contract was signed and I received the up-front payment, I did exactly what I was supposed to do and paid for what I was supposed to pay for. By the way, the payment was called an "up-front" payment in the contract and did not stipulate any specific work that would be done for that amount. It was simply payment for me to get started, to cover what work I had already done and cover the work I would do at the beginning, as well as cover the costs of the dumpsters, etc. I'm just saying this to let you know what technically the contract stated in case he wants to get technical. 2. As I mentioned, I already spent a large amount of money on the trash removal, as I agreed to do on the contract. He can't expect to get that back whatsoever. That doesn't begin to cover my time and labor, either. 3. I did everything I said I would do according to the contract. There is nothing that he can point to in the contract that I failed to live up to or do, and I certainly didn't defraud him. Bottom line is that he breached the contract, not me, and he decided to breach the contract after I spent money on and put a lot of time and energy into the project. I'm a nice guy, but I'm not a pushover and I refuse to let people take advantage of me.
So this is basically the story. I'm wondering what you guys think I should do, tell him, tell his collector, and so on. Any suggestions or advice would be greatly appreciated. If you need any more details or have any more questions, please feel free to post it on here or email me. Thanks.
David D.
New Orleans, LA