I have a customer that just filed a claim against my bond. It is a small
job (total contract $3k) This is the first time I've had this happen, as
anyone famiiar with the claim process?
I started this job back in June. On June 28th I came out to install the
first portion of the entertainment center, he failed to make a progress
payment at that time because he said he was un-happy with the finish (even
though it matched the signed sample I have.) I agreed to have a
professional finisher come out and take a look at it. He cancelled 3
different appt. times until August 2nd, on that day my finisher came in
and did some polishing and touch up on the unit. I then scheduled a time
the following Sat. (Aug 9th) to come out and finish the job, of course on
friday when I called to confirm he cancelled on me again. I explained to
him that I had another project starting on monday and that I couldn't
finish with his project until this one was done, probably about two weeks.
I called him the last week in August to set up a time on the 2nd or 3rd
of Sept. and he never called me back until the 3rd. At that time he said
let's do it this Sat. the 6th of Sept. I agreed and said that I had to
confirm with my finisher that he was available. At that point he got
hostile and said that I was taking too long finishing this up and that if
I didn't come out on the 6th, he would have someone else do it. At that
point, our working relationship went very south. I agreed and said that
he was more than willing to take the remaining balance ($1500) and find a
contractor to complete the work, I even offered to bring him the door, and
crown molding (that was all that was left on the project) he at that point
said "No", I then told him that I didn't feel comfortable working at his
house any longer, so I would send one of my employees over and he stated
that he would not let anyone other than me into his home. So, we are at a
stalemate. Basically, the project has taken 3 months to complete because
he has cancelled appt's. numerous times, and now he's blaming me....
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On Sep 18, 8:24 pm, info_at_inlandwoodwurx_dot email@example.com
Has he turned anything in to your Bond company yet? You need to talk
to them, 1st you don't have to turn it in, 2nd your bond company
should ask you for documentation of events.
This sounds like someone just trying to get money and if your Bond
Company is worth is fee then they'll see right through it. In the
future, you can refuse giving that info to anyone. Do not publish
that info, either.
On Sep 18, 7:24 pm, info_at_inlandwoodwurx_dot firstname.lastname@example.org
It sounds like he is broke, You should go back today and finish it
even if you dont want to, if you dont he may be able to screw you and
get someone else. Finish the job and threaten a Lien and small claims
court if he doesnt pay, you dont need an atty for that. I never heard
of filing against the bond like that. Alot of folks have gone broke
recently, but if you dont finish you are screwed. Ask if you can get
paid upon completion, do you have interest, court, and atty fees in
your contract. Threaten a bad credit rating, Lein, and court and costs
if he wont pay.
It may be a frivolous and unsubstantiated claim, but you do not want to fool
around with your contractor's license and your ability to freely work. You
should contact an attorney who specializes in contractor law and get his or
her opinion and suggestions on how to proceed. Your bonding company will
most likely not pay out without a fight, but you really need to get free of
this guy. It may cost you a few bucks to get rid of this, but you need to be
able to continue to work at your trade. It may be as simple as writing a
letter to him resigning from the job.
My understanding is, a claim can't be filed against a surety bond, unless
it's been before a judge/magistrate.
File a mechanic's lien on the property. There are time limits on this,
becareful of the dates. In my area, you must file _within_ 30 days of
payment due. Meaning, it can be the next day, but no later than the 30th
A mechanic's lien won't get you the money, unless the property is sold.
But, slap a high rate of interest (maximum allowed in your state). You can
bet, a settlement will be offered by the property owner, as soon as they
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