|
|
Post by NS'Creter on Apr 8, 2009 13:36:06 GMT -4
Do you folks remember this clown? The one that jerked me around last fall? Anyway, I had been sending monthly bills with added interest to the guy. Then, I received a letter from a lawyer on their behalf. There were false claims of shoddy workmanship and they wanted to "call it a wash". Well, because of my medical condition I really couldn't attend to the situation at that time. Last week I finally responded to the lawyer, apologized for the delay and explained why it occured, stated my case and the true facts of the matter and in closing told him that since I was dealing with the situation now I would be consulting with my lawyer and considering my options. I also said that it was my understanding that it was my right to go after the full contract amount because the contract had been breached. My bills had been an amount that covered my expenses only...no penalty and no profit was included. The full contract amount is over $10K in addition to what I would have settled for. I got response within the hour (maybe a half hour), much quicker than my own lawyer. He thanked me for my email and said that he would be discussing my position with his client. I got the impression that he was going to advise them to settle with me. Wouldn't that be great? I'll keep ya posted.  |
|
Lindy
Seasoned Concrete Veteran
Posts: 185
|
Post by Lindy on Apr 9, 2009 16:54:19 GMT -4
Good things come to those that never give up or give in, stick like a tick due to the principle of the matter until they draw blood (getting paid what they deserve), when "deadbeats" finally come to the realization that they just can't win.
Lindy
|
|
alexwright
Seasoned Concrete Veteran
Engrave-N-Stain Concrete Solutions
Posts: 180
|
Post by alexwright on Apr 15, 2009 1:24:29 GMT -4
Don't pull your punches too fast. Remember he is their lawyer and may want you to flinch or not follow through. People can be so deceiving. Anyhow hope it all works out.
|
|
|
|
Post by NS'Creter on May 9, 2009 10:08:38 GMT -4
I was speaking with the lawyer handling the case about my back I asked some advice regarding this situation. She asked all of the details, which I provided, then she offered to handle this matter as well. She wants to go after the full contract amount plus interest and charge me 25% of the settlement. I figured "why not?" 'cause I can't seem to concentrate long enough to accomplish anything and if she's gonna bill me that way I have nothing to lose. It's kinda foolish on the part of the deadbeat as I was willing to accept $2,500.00 and now it will be closer to $15,000.00. Wonder if this will deter him from doin' this to anyone else?  I doubt it.  |
|
ECI
Journeyperson Of Concrete
Posts: 90
|
Post by ECI on May 9, 2009 11:33:35 GMT -4
That is great news that you will pursue that jerk. I would also go for the full amount as you have tried to be way reasonable with him and all he wanted was a free job. As stated he has done this several times before and gotten away with it. I encourage all contractors that have been burnt by him or others to pursue all avenues so these people will not prevail. Unless stopped or confronted they will continue on with others as they get more daring. Paying 25% is a small price for
this jerk to get justice!!! ;D
|
|
|
|
Post by NS'Creter on May 11, 2009 10:45:34 GMT -4
I'll hafta laugh if this goes all the way and the goon is ordered to pay the full contract amount to me. I mean, he'll actually be paying for something that he never got. Maybe I shouldn't take such delight in it, but I would. ;D They do that as a penalty depending on the circumstances. Since this fella was obviously out to rip me off and could have cancelled the project at any point properly he is a prime candidate for this to happen.
If you've ever watched the TV show Holmes On Homes, you will have seen disputes between contractors and homeowners. In some of those disputes the contractors are less than honest and use this law to their advantage. They do a portion of the work, or all of it but poorly and yet get paid in full. The courts order the homeowners to pay because of how this law is written. In my situation this law will be used as intended, a rare occurance.
|
|
|
|
Post by ugiisasoy on Apr 27, 2019 3:13:52 GMT -4
|
|
|
|
Post by utudotibeje on Apr 27, 2019 5:24:06 GMT -4
|
|
I doubt it. 
