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DGR,IABD
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scottishgrl2 said:
When you run into a builder or tradesman that is the absolute worst what can you do about it?
If you'd have asked me that question 10 years ago, I'd have told you to spread the word about this hack to everyone that you can and do everything in your power to put him out of business. As I've matured, I've come to the opinion that you're much better off biting your tongue. Take the high road. These guys have a way of disappearing on their own.
 

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Discussion Starter #7
ProWallGuy said:
That's a pretty general question. More specifics would help.
Well we were subcontracted by a custom home builder to frame a home, the home is about 95% complete so we received a pretty large check. We deposited it took our cut paid our crew paid bills and the builder stopped payment on the check because he claims he never had a copy of our insurance. We are now in the negative a huge amount and he wont pay up. What do you suggest besides filing a law suit which we will be doing but we want to make sure that this dosent happen to anyone else. He from what we understand has been through about 6 framing crews in the last 3 months. I am not in the business of working for free and I would never wish that someone's business goes under but I would like it be known what he is capable of. Got any ideas?
 

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scottishgrl2 said:
the builder stopped payment on the check because he claims he never had a copy of our insurance.
Why don't you give him a copy of your insurance?
Was a contract signed, and what did it stipulate?
If you or your subs don't have insurance, or a contract wasn't in effect, your in deep. Call your lawyer.
 

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Discussion Starter #9
ProWallGuy said:
Why don't you give him a copy of your insurance?
Was a contract signed, and what did it stipulate?
If you or your subs don't have insurance, or a contract wasn't in effect, your in deep. Call your lawyer.
COntract was signed and he did have a copy but he claims he didit still stoped payment and neve let us know. He should have called and at least told us that I dont have your insurance get it to me know or I will stop the check. Now I know the reason he has been through so many framers and trim guys.
 

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scottishgrl2 said:
COntract was signed and he did have a copy but he claims he didit still stoped payment and neve let us know. He should have called and at least told us that I dont have your insurance get it to me know or I will stop the check. Now I know the reason he has been through so many framers and trim guys.
Send him another copy via certified mail, or courier with signed receipt.
Sounds like breach of contract on his part. Call your lawyer.
 

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And another thing. I'm no GC, but a job as large as framing a home should have had some type of payment arrangements for the project. Such as draws at appropriate times for portions of completed work. This way you wouldn't be out a lot if he screwed you on the first draw, instead of the bulk of the money. You could've pulled off the job at that point and cut your losses.
 

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Yep! Sounds like he is using the insurance to cover his problem. Don't let him string you along, time is of essence!!! Contact a lawyer or look into putting a lien on that property immediately! Scumbags like this know exactly what they are doing and every day is important!! You have to get on it before he burroughs himself in deep enough where it will be to late. Sorry to hear about your'e misfortune, I have been there!!!
 

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Plum guy has it right. A construction lien will give you a claim to the property that the builder cannot ignore.Check with your County office to file the claim.
 

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Scottishgrl, You don't need a fancy lawyer if you make it a civil case. Take this guy to court right now.
 

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Discussion Starter #17
Thank everyone for the information I really appreciate it. I will be contact a lawyer now and see wha we can do about this. As far as the leins he is so arrogant that he has told me that when it comes to leins, he has tis bulldog attorney and a lein will be no problem for him to handle.
Thanks again
 

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Sounds horrible, but I agree:

Contact a lawyer or look into putting a lien on that property immediately!
Who cares if his lawyer is "tough", put a lien on it and take action.


(Side Note: There is a very big developer in my area who is notorious for withholding money till the very last minute. This person profits in the 10's of million a year. Yes, Profits. He is known all around town for withholding payments as low as a couple thousand dollars. He usually tries to scare the little guys away with threats. But once people take him to court, or attempt to, he pays up. He uses that extra cash, atleast in the past, to leverage himself.)
 
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