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Old 12-04-2009, 11:50 AM   #1
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Update - Contractor Pissed


Hi All,

I wanted to keep you all updated on my situation with the pissed off contractor.

Well he sent me his "bill" and after discussing with my hubby we decided to pay him for his second home visit and the time he spent explaining his quote in detail.

About 2 -3 days after receiving his bill, I emailed him letting him know that we had received it and agreed to pay the costs for the second home visit and the quote explanation. I also told him that I would send the money within the week (which i did).

4 days later he emailed me telling me that he had not received the payment and would add late charges if he did not receive it by December 1st. It was December 29th when I received that I emailed. The bill did not have a due date on it and based off of the postmark date (Nov 18th) he wasn't even giving us the usual 30 days to pay it.

Anyway, I received another email from him telling me that he did receive the money and that late charges would be applied! Also that he would send me another bill for the lost week of work. He threatened me with collections and small claims court AGAIN.

I told him that I was fair in giving him the money for the services that he rendered and that would be it. If he isn't satisfied with that then he can do we he feels is appropriate and I would do the same.

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Old 12-04-2009, 11:53 AM   #2
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Update - Contractor Pissed


Sounds like you're doing right to me.

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Old 12-04-2009, 12:18 PM   #3
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Small claims court doesn't mean squat. There are people walking around free with judgements of hundreds of thousands of dollars against them.
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Old 12-04-2009, 12:26 PM   #4
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You are being more then fair IMO
I would not have paid him one penny
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Old 12-04-2009, 01:59 PM   #5
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Update - Contractor Pissed


Quote:
Originally Posted by 1sthomebuyer View Post
Hi All,

I wanted to keep you all updated on my situation with the pissed off contractor.

Well he sent me his "bill" and after discussing with my hubby we decided to pay him for his second home visit and the time he spent explaining his quote in detail.

About 2 -3 days after receiving his bill, I emailed him letting him know that we had received it and agreed to pay the costs for the second home visit and the quote explanation. I also told him that I would send the money within the week (which i did).

4 days later he emailed me telling me that he had not received the payment and would add late charges if he did not receive it by December 1st. It was December 29th when I received that I emailed. The bill did not have a due date on it and based off of the postmark date (Nov 18th) he wasn't even giving us the usual 30 days to pay it.

Anyway, I received another email from him telling me that he did receive the money and that late charges would be applied! Also that he would send me another bill for the lost week of work. He threatened me with collections and small claims court AGAIN.

I told him that I was fair in giving him the money for the services that he rendered and that would be it. If he isn't satisfied with that then he can do we he feels is appropriate and I would do the same.
unless his "contract" stated there were late charges, he cannot add them at his whim. Since you apparently never had a meeting of the minds, there is no contract so tell him to find a wall and bang his head against it until such time he understands he has no right to collect late fees.


unless he had an actual contract to do the work, he has no claim to lost work. On top of that, if he actually had a claim. if he did any work during that week, it would reduce his damages by as much as he earned.

If he sues you, file for discovery to review all his financial records for the time period of the week he is claiming including labor costs, purchases, and any permit applications.
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Old 12-04-2009, 08:33 PM   #6
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Update - Contractor Pissed


This is a "he said she said" story if we are to be impartial. It is nice that you have decided to pay for services rendered but I think you should have come to a consensus with the contractor first. Now that you have correspondence indicating payment it will be hard for you to argue your case in court should it go that far, that you did not have a verbal agreement. In other words, it may appear that you had agreed to work being done since you have or are willing to pay for something that this contractor did.
I have to say that from what you say, and I don't know the other side, that this contractor is behaving poorly. If you have indeed been dealing honestly with him you need to wash your hands of this character and move on. Make sure to document your correspondence just in case.

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