Problem Customer

[inlandwoodwurx]

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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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[Bill]

Call your local TV station trouble shooter. They love to get in the middle of this kind of stuff. Sounds like you need a Lawyer too.

I have had good luck twice using the TV station here.

[KMS Construction]

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.

Good Luck.

KMS Construction kmsconstruction.vpweb.com

[ransley]

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.

[John Grabowski]

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.

[LM]

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 day.

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 receive notice.