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Topic: Issue with a contractor ... help please  (Read 1228 times)

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polepole

  • Administrator
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  • Kayak Fishing Magazine
  • Location: San Jose, CA
  • Date Registered: Dec 2004
  • Posts: 13201
So I have this friend that had this job to cut down a tree and haul away the remains.  He left a voice message with a specific contractor to go ahead and do the job if it was <$500.  There was never any signed paperwork.  Here's where the fun begins.

Contractor cut the tree down, but didn't haul the stuff away.  Then invoiced my friend for $750.  A bit of back and forth ensued.  He was supposed to come out a second time and complete hauling away the debris.  He flaked.  Then he was supposed to come out a 3rd time to haul it away, but when he showed up to the job, he held my friend ransom, refusing to do the job until my friend paid the $750 upfront, which my friend did not.  He did not complete the job.  My friend ended up getting someone else to haul the debris away for $350.

Now the contractor has sent 2 notices of non-payment of $750.  Any "negotiations" are going nowhere?  What does one do at this point?

-Allen


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
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  • LOWRANCE & SIMRAD PRO STAFF
  • Location: Aromas
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Ignore the guy....  No contract, didn't happen.


Fish Master1

  • If it bleeds I can kill it.
  • Manatee
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  • A-Hull Muggle
  • Location: Prunedale California
  • Date Registered: Jan 2008
  • Posts: 10105
Did you get his license number? If so report his ass to the better business bureau. He is more then likely not insured to do this type of work.
..........Sincerly A-Hull Muggle.


WingShooter

  • Sea Lion
  • ****
  • I fish not to escape life but to live it.
  • Branson Baits
  • Location: Mather
  • Date Registered: Aug 2009
  • Posts: 1999
Get a conference call with all 3 of you. Find out the skinny, get through the he said BS. If the GC decides to be a Dbag, offer him $150 in writing w/out reporting him and stay within budget or $0 and report him to BBB. His choice.
www.bransonbaits.com 

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Hojoman

  • Manatee
  • *****
  • Location: Fremont, CA
  • Date Registered: Feb 2007
  • Posts: 32016
Report also to Contractor Labor Board whether or not he is licensed.

http://www.cslb.ca.gov/


reelmccoy

  • Salmon
  • ***
  • Location: Santa Rosa
  • Date Registered: May 2015
  • Posts: 232
If they have his contractors license, report him to the state contractors license board.  If he does not have a license report him to the board for working without a license.

If they did not sign a contract and he did not provide  a written estimate that the customer approved he cannot collect.  That said he can certainly harass you until you pay him to go away!  Don't do it!


polepole

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  • Location: San Jose, CA
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He is licensed and bonded.

-Allen


FishingForTheCure

  • "I'm going to make dinner because my colors taste like hungry"
  • Manatee
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  • LOWRANCE & SIMRAD PRO STAFF
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  • Date Registered: Apr 2010
  • Posts: 11327


JJQ

  • Salmon
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  • Location: Pacific Grove
  • Date Registered: Apr 2012
  • Posts: 788
If they have his contractors license, report him to the state contractors license board.  If he does not have a license report him to the board for working without a license.

If they did not sign a contract and he did not provide  a written estimate that the customer approved he cannot collect.  That said he can certainly harass you until you pay him to go away!  Don't do it!

I'd do this.  I had an issue with a GC some time ago and as soon as I reported him they contacted him and he payed up ASAP. 

Josh


Baitman

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  • ****
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   File a report with the  CSLB . Whether he has a lic or not.         The guy is in violation and doesn't have a leg to stand on with no written contract.
 
http://www.cslb.ca.gov/Consumers/Legal_Issues_For_Consumers/

In California, a state contractor license is required for any project that is more than $500 in combined labor and material costs.
« Last Edit: December 17, 2015, 06:49:25 PM by Baitman »
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You must pass through the valley of stupidity to ascend the mountain of knowledge.


zilla

  • Salmon
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  • Date Registered: May 2006
  • Posts: 282
what the hell ever happened to a hand shake and your word?


Tote

  • One life, right? Don't blow it.
  • Global Moderator
  • Location: Diamond Springs, CA
  • Date Registered: Jul 2005
  • Posts: 12979
what the hell ever happened to a hand shake and your word?

^^^^
This.

Screw they guy if he didn't do what was agreed on.
With no paperwork your friend could even go so far as to say he never ever talked to the guy. This contractor made a mistake and cut down the wrong persons tree and turn around and sue him for damages.
I have a great tree guy. All his work has been a handshake deal and it works great for both of us.
Honesty goes a long way.
<=>


kayakjack

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  • kayakjack
  • Location: santa rosa
  • Date Registered: Apr 2007
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He may have a copy of the message authorizing him to do the work. Offer him $200 for his time cutting the tree. Try to come to some compromise cause he knows where you live.


SOMA

  • Salmon
  • ***
  • Location: Chico
  • Date Registered: Dec 2013
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what the hell ever happened to a hand shake and your word?

Lawyers!


MontanaN8V

  • I swear it was this big!
  • Sea Lion
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  • Location: Twin Falls Idaho
  • Date Registered: Mar 2009
  • Posts: 6480
Did he do it safely? Call cal/osha! I might have the number around here someplace ;)
Live your life, the way you want to be remembered. Don't have any regrets, we only get this one dance to make it count. Start at your eulogy, and work backwards.


 

anything