Stiffed by a builder!

Arborist Forum

Help Support Arborist Forum:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.

Sunrise Guy

Addicted to ArboristSite
Joined
Feb 4, 2006
Messages
1,121
Reaction score
149
Location
Austin,TX
Man, I just need to ventilate here. On 11/9/7 I did a roof clearing and general trim-up for this builder in town who is remodeling and adding onto a house in preparation for selling it. The guy signed my bid sheet which requires payment before the last haul-off trailer leaves the job site. When my right-hand guy approached the builder for payment, after the builder came out to see our work and pronounced it a great job done, he was told that we would be mailed a check in seven days. He called me and I told him that would be OK. Well, to date, no check, no returned calls or e-mails. The guy is an #@$#! His "office," as listed on his business card, is a mail-box store, and his business phone number gets a person who speaks very little English and lets me know that this builder no longer has this number. The guy is licensed in my county as shown on the licensed builder web site, but, so what? I have learned my lesson here: No slack for unknown @!@#$! I should have told my guy not to allow the one-week pay-off. I know that you need to give builders a break every now and then if they're good clients, but this guy was a new client and now he's become a never-again client. Now I need to file on him for my $950, hopefully before he gets the house finished and sold. What a drag!
 
Go to a county magistrate and put a quick lean on the house.This will force the builder to pay you when he sells.I absolutely Refuse to do any work for a builder or landscaper unless i personally know them.I have go to great aggravation to collect from them.
 
What a mongel, if you cant get hold of him or find him slap something on that house quick smart.
 
In march of next year I will have been in business 23 years and in that time I have been beat out of any substantial amount of money only six times and four of those times it was a builder. I say substantial because I'm not counting $200 here and $300 there, I can't even remember all those but when someone gets you for $1000 or so (or more) you remember that. I am ashamed to say what one of those four builders got me for in 2002 but it was a pretty hard lick.
 
I do not and will not work for a builder and for good reasons.

I worked in the construction industry for years and almost every builder stiffed subcontractors regularly. In the end many subs agreed to partial payment just to be able to float some bills and pay employees and take a profit loss just to get something outta the a-holes.

I'm not a very stable individual when someone is messing with my livelihood. Might just have to introduce them to a chipper. If you do the legal route then the lien will pay off once the house is sold but you will have to keep the lien in force.

Builders are generally untrustworthy around here. Sorry to hear about the trouble.

I wish you the best of luck.
 
Man, I just need to ventilate here. On 11/9/7 I did a roof clearing and general trim-up for this builder in town who is remodeling and adding onto a house in preparation for selling it. The guy signed my bid sheet which requires payment before the last haul-off trailer leaves the job site. When my right-hand guy approached the builder for payment, after the builder came out to see our work and pronounced it a great job done, he was told that we would be mailed a check in seven days. He called me and I told him that would be OK. Well, to date, no check, no returned calls or e-mails. The guy is an #@$#! His "office," as listed on his business card, is a mail-box store, and his business phone number gets a person who speaks very little English and lets me know that this builder no longer has this number. The guy is licensed in my county as shown on the licensed builder web site, but, so what? I have learned my lesson here: No slack for unknown @!@#$! I should have told my guy not to allow the one-week pay-off. I know that you need to give builders a break every now and then if they're good clients, but this guy was a new client and now he's become a never-again client. Now I need to file on him for my $950, hopefully before he gets the house finished and sold. What a drag!

Chill man, you are not in as bad a position as you think. First, get a written bill out in the mail instantly or sooner, look for his real address and send a copy there as well. You said he was licensed, so there has to be more than just a "mailbox", check his insurances if you have too, it's out there.(If any of your pals are cops, just run his plate ;)

He is looking to close a bigger deal than the $950 that you are owed, so when that time gets close he will pay rather than lose a deal. Just make your paper trail now. He can not sit at any kind of closing and withhold the fact that you are billing him for work done on it that has not been paid. If he does, than that is fraud. Your bill stays with the house, pure and simple. The way it works in NY, is you have 90 days from your last work on the site, to file a lien, next door in ct, I only have 60, find out what it is in your neck of the woods and mark it on a calendar. Keep sending bills weekly, after 30 days, add interest(as much as you are allowed) Keep billing weekly, send every other one registered. Watch the calendar and if he hasn't paid up, place a lien on the house.

"They always pay unless you walk away" this was something I learned from someone much my senior, and it is mostly true. I've earned my living off these dead-beat builders for the last 25 years and I hate new accounts more than anything, but new accounts happen and risks are minimal, highly aggravating but minimal.

If you go away mad, you lose $$ and those same $$ he makes, if you don't hit him with the paperwork, he can sit at the closing and pretend he was unaware and stupid and as such, not fraudulent. Don't give him the out.
 
You would probably appreciate Oregon's license boards.

If a builder signs and agreement, and is licensed themselves, it wouldn't take long to get your money in Oregon...

I don't really like laws much, but since we've got them, we may as well use them.
 
Sorry to hear this, I'm sure it is common. It's a Biatchh when you have to go thru so much just to get the $ you already earned. I have similar problems with a few builders.
 
Just go "return" the chips and wood from the job in one fo his fresh poured foundations! Ever tried to get that stuf out of a basement.........it was done in our area to a builder about 5 years ago................:monkey:
 
I was a builder. I never stiffed anyone in my life.

Unfortunately, I am the extreme exception. I can say that I have been stiffed by other builders, when I was sub-contracting, but never for very large amounts. I've been stiffed by home-owners, too, but again, the amount was not worth the trouble to put a lien on the property.

In Michigan, the law is very much against the Builder, when it comes to collecting from them. If they are building spec-homes, a lien absolutely stops a sale, until they pay you. My understanding is that you can also serve the notice to his customer, so that they know what kinda crap their builder is pulling. Whatever you do, send invoices to the builder at any and all addresses, including the building site, and send them registered, certified, return receipt, etc. You want that evidence, should the matter come before Magistrate or Judge. Make sure that the prospective homeowner (if there is a sale agreement) is also served the same way.

You want your money - you don't care who comes across with it. Once you have "perfected" a lien, do not, under any circumstances agree to discount the bill. Quite the contrary, start adding interest, and include the interest in each new billing statement, each month. Keep track of your expenses to collect, including filing fees, gas money, lost hours of work, stationaty supplies - be anal about it. You want a laundry list of things for him to argue with you about, in front of the magistrate or judge, should it come to that, and you want things that you can "take off" his bill, instead of discounting the original invoiced amount.

Go directly to the licensing agency, and look for assistance. Chances are, you won't be the first sub he's tried to screw, that's gone straight to the agency...the more complaints he gets, the more likely he is to have his license pulled.

Sit outside his jobsites with a kinko's enlarged to protest sign sized copy of the documant that he signed, when he hired you, stamped "OVERDUE", in big red letters. Don't discuss it with anyone but him, but just sit there, quietly, and wait. Trust me, the bastage will come to you, fast enough. He may even pay you extra to get you off his jobsite. Make sure you go with company - you want a witness, in case he starts something....videophones are a wonderful thing - record everything, and tell him you are doing it.

Finally, in Michigan, it's against the law to run a corporation from a PO box - you have to have a physical, permanent address. Your home is fine, if you don't want, or can't afford an office outside the home, but a permanent address has to be provided. I suspect that it may be the same in your state. If your builder is violating this rule, (assuming it is a rule for your state,) you may want to start making a fuss about the law, and his lack of compliance - the licensing agency might pull his license, until he corrects that matter. No license, no permits - no permits, no work, no money, no profit, no business....

Builders are not generally allowed to hide like pirates, only appearing in their trucks and vans when they see a chance for profit - but a great many of them do. If more tradesmen turned them in, instead of quietly whimpering, and going away, the industry would be a lot better off for it.

I hope you get your money, soon. If it doesn't come soon, I hope you are as tenacious as a bulldog, going after the builder.

Good Luck.

SiSafe
 
I've heard various stories on people getting stiffed by builders in the past.

On one end of the spectrum I knew a guy who got burned for about 25K by a builder who went under.

On the other end, I knew a guy who was owed 30K+ by a builder who was taking his sweet time to pay. He went to the builder's office, and walked out with a check after putting on a bit of a show for the staff. Granted if he had done that today, he would have been arrested... but it did get him his money.
 
Paper trail / registered mail.They really test you though.
Had clients that keep stiffing you ,with a line ,week after week.

One method that worked . Client had been avoiding me after 4 visits / One a week.So effectively 4 differant arrangements where made and broken.
Then she went off to Spain for a holiday.Hmmm....she got back ,and i was waiting.3 more visits as i was'nt sure when she was coming back.Hmmmm......
Mind you there was a paper trail , signed quote excepted and 2 invioces .
So she gets back from Spain and hides for cover on my first visit.
Next visit I catch her out in the garden.
" Hi, how ya goin, how was Spain "?
I keep it nice.Then i ask was she pleased with the job i had done.Pointed out the many extras i had done that she had wanted but could/nt afford.I had done them for free on my many visits when she was out / Spain.Just little stuff like cutting a few stumps out and cutting up a stack of firewood.
My idea was to encourage good rapor ,she owed me $1500.I wanted her to have no reason to complain.I wanted her to feel guilty .I wanted my money..
Anyways so i caught her in the garden and I'm friendly.
" Are you happy with the job " ? " I did those stumps, did you notice the firewood , and the clean up in forested area.? FREE.
" She complained I don't like that type of wood / firewood.It does'nt burn well
and you did'nt do that branch.2'' x 3' ft dead wood in one of the forested trees.
WELL IF YOU DON'T LIKE THAT FIREWOOD I WILL DROP YOU IN SOME LOGS 6 METRES LONG X 1MT WIDE
HOW ABOUT I LEAVE 6 IN YOUR DRIVEWAY -EVERY MONTH OR SO ? (BLOCKING OFF IMPLIED)
She said just a minute I have to go into the house to get you a cheque.
I said please leave the check open as need to cash it now.As she gives me the check.I ask is she sure she does'nt want the logs ?

Really apologise if i stiffed you guys with a long story.But we all have stories like this that make you smile -down the track in hindsight.

Good luck buddy-such a b$tch when you work hard for it. :cheers:
 
I got the check, last night! I kept e-mailing the guy and leaving messages on his cell, and after my last e-mail, around 7PM, he called at 7:15PM. Most of the time, throughout this thing, I stayed fairly polite, except I kept up the calls and e-mails.

The funny thing is, the guy acted like nothing had happened between us. "Oh, your check is in the contractors' box in the front of the property, on the porch. It's been there since Friday afternoon. I always leave them there, every Friday, around 3PM."

Well, he NEVER told me anything about the box. Of course even with the Friday payday, the check is two weeks late, but, OK, I got it. Now I'll see if it clears the bank, and then I'll go about trying to make a friend of the guy so more business is possible.

He made the mistake here: Had he asked me for two weeks or even thirty days, I would have been cool with it. Instead, the bid plainly calls for payment before the last haul-off truck leaves the job site. He just took off after the gig, after promising payment in one week, never returned calls and sent only one e-mail with a "So, sue me!" kind of tone. If I can work another gig for him, get payed on time and convert him to a steady customer, I will have scored a victory, of sorts. Yeah, I know, the guy may be more trouble in the future, but you have to take risks, at times, if you want to continue to build a client base. As long as my bids are iron-clad in the terms of payment, I'll be willing to risk more work for this guy. I may be sorry, but we'll see.
 
Glad you got your dough .WOULD BE GUN-SHY ABOUT TAKING ANY WORK FROM HIM IN THE FUTURE.
There's definately better people/clients out there.Realize your trying to build a client base.Advertise ?????
It's happened to most of us though.
All the best.
:cheers:
 

Latest posts

Back
Top