I hired a friend (unlicensed) to do repairs to my home. Although no time
limit was given, I did expect repairs to be completed within a year. He
started repairs Jan 05. Between Jan-Nov 05:I paid him $2500.00;
compensated him with loaning him my auto for six weeks, when his was
supplied him with meals (too many to count);
ran numerous errands, which included agreeing to purchase City of Phoenix
permits for repairs he needed to do for his landlord on the apartment
complex's wiring that, was damaged during a thunderstorm;
accepted collect phone calls from the County Jail from him in order to
assist him in getting his release;
agreed to take out a loan for him when he asked me to pay the court a sum
of $3300.00, which was the amount the court said needed to be paid
before they would issue his release. He was arrested for non
During the latter part of 2005, he worked less and less on my repairs.
Around Nov 05 the repairs were still incomplete, and it was at that time
that he abandoned my project. I tried to contact him by phone
everyday for at lease 3 weeks, but he did not return any of my
calls. I knew some men who were working with him on another job, and
they told me that he had stopped showing up on their job too.
After waiting for approximately 4 weeks, I hired someone else to complete
the repairs. Before my new repairman could start on my project, he had
to clean up the mess and garbage that was left behind. I notified him
via mail that it had become obvious to me that he was not going to
complete the repairs, that the locks were changed on the doors, and
that he could contact me to make arrangements to pick up materials left
behind (nothing worth any value) He wrote back after two months, and took
no responsib'ty for his actions, in fact, had the audacity to blame me
for his not completing the work. He stated that since I went
ahead and hired someone else, his job was complete, and I should
call him to make arrangements to discuss compensation owed him. I have
not contacted him in any way since.
A year after of abandoning my project, he showed up at my workplace in Jan
2007 asking me to meet with him to disucss the compensation he felt I
owed him. I told him that I would not meet with him, that he must
leave, and not to contact me again. I also told him that I did not
owe him anything since he quit the job, without the curteosy of a phone
call. He tired to argue with me stating that I fired himhe didn'y
quit, but I just turned away, and told him again not to contact me again.
MARCH 2007--I have refused 5 cert mail lets.
5/11/07 CERTIFIED LETTER SENT TO MY WORK PLACE (WAS OUT TO LUNCH WHEN MAIL
ARRIVED) supervisor TOLD ME IT WAS FROM xxxxx AND HE DID NOT ACCEPT IT.
SPEAK WITH ME. ONLY AFTER I REFUSED TO SPEAK WITH THIS PERSON UNLESS HE
IDENTIFIED HIMSELF DID HE STATE HIS NAME. I ASKED supervisor TO TAKE CALL.
supervisor RELAYED TO ME THAT xxxx WOULD LIKE TO HEAR FROM ME BY 5 PM TODAY! HE
STATED THAT HE KNOWS THAT I AM SELLING MY TOWNHOUSE, THAT I AM CLOSING ON THE
24TH OF THIS MONTH BECAUSE HE SPOKE WITH MY REALTOR, AND IF I DO NOT CONTACT HIM
BY 5 PM HE WILL TELL MY REALITOR THAT I HAD A MOLD PROBLEM IN MY HOUSE (DUE TO A
PIPE BURSTING WHILE I WAS ON A TWO WEEK VACATION).
FACT: MY HOUSE IS NOT UP FOR SALE.
I DO NOT HAVE A REALTOR.
ANY MOLD IN THE TOWNHOUSE WAS TAKEN CARE OF.
MY NEIGHBORS, TWO HOUSES WEST OF MINE, HAVE THEIR HOUSE UP FOR SALE.
5/14 XXXX CALLED MY BOSS TO LET HIM KNOW I SHOULD EXPECT PROCESSS
SERVER TODAY. LEFT JOB WENT TO COURT AND WAS AWARDED RESTRAINING ORDER
(JUDGE COULDN'T BELIEVE IT). GOT SERVED ON WED... XXX WANTS 10K.
LISTED NUMEROUS INVOICES, NONE MORE THAN $750 EACH. I THINK HE BELIEVES
HE CAN AVOID BEING REQUIRED TO HAVE LICENSE DUE TO THE AMOUNT
BEING UNDER $1000.
HAD MY NEIGHBORS ADDRESS LISTED AS PLACE HE PERFORMED WORK AT. I WILL
WAIT THE 20 DAYS AND REPLY TO THE COURT THAT I AM NOT RESPONSIBLE DUE
TO FACT THAT I AM NOT THE LEGAL OWNER OF PROPERTY LISTED ONN
PAPERS SERVED ME. HE'LL HAVE TO DO MORE RESEACH, AND I AM THINKING
ABOUT HIRING ATTORNEY. ANY SUGGESTIONS OUT THERE?
It may be late to do this, but that is the *only* avenue for you at
this stage. What you did was foolish, you should never have let it go
to the extent that it has.
Get that lawyer NOW. He may well try to put a lien on the property,
and you must be prepared as if he does it will end up in court.
I'd definitely get an attorney. His listing the wrong address isn't
necessarily going to save you---he could probably just say oops, I got
the address wrong on the paperwork. Of course, he is just trying to
scare you into paying him. Seems like the first question would be,
who breached the contract first? Seems like a nut, but then again,
I'd be talking with an attorney.
I will be hiring an attorney this week to handle the matter, but what do you
mean when you said what I did was foolish? As far as letting it go, he
waited for over one year to contact me. I never received any bills or
invoices and I did asked him repeatedly to let me paid him for his work, but
he insisted that he would bill me when all the work was done.
Message posted via HomeKB.com
We never had a written contract, just an oral one. Who breached the
contract first? I believe abandoning the job for three weeks and not
returning any phone calls, and knowing that he had abandoned another job he
was working on, was a breach on his part. I don't know too much about
the law, but have read up on regulations with the ROC, this section
applies to work performed on projects costing over $1000 for labor and
32-1153. Proof of license as prerequisite to civil action
No contractor as defined in section 32-1101 shall act as agent or commence or
maintain any action in any court of the state for collection of compensation
for the performance of any act for which a license is required by this
chapter without alleging and proving that the contracting party whose
contract gives rise to the claim was a duly licensed contractor when the
contract sued upon was entered into and when the alleged cause of action
Either way, Looks like I will be hiring an attorney.
Message posted via HomeKB.com
What did your contract say about non-performance? Nothing, right? Yes,
I understand how this oral contract was--see 'em all the time!
I think you see why a (good) written contract is absolutely vital for
anything that is non-trivial. In court 'he said, she said' doesn't get
very far. What ends up happening is the court (judge) ends up siding
with the party that he feels is telling the most accurate story that
represents that that party is in the right.
Yup! Probably should have done that before you started any work, but
that's past now. WHen they talk $1000 that's the total job. Have/did
you pay more than $1000? Is he asking for more than $1000?
Three weeks or one year?
OK, let me explain. He was working only 2 to 3 hours per week from
Sep to Dec 05. The last time he performed any repairs was at the
beginning of Jan 06. After trying to reach him everyday for weeks,
on January 29th I hired someone else to complete the repairs. I wrote
him and told him this. The next time I saw him is when he came to my
workplace in Jan 07 wanting money.
Did I pay him more than $1000?
I paid him $2500 (plus compensated him other ways. One for example..
His car was stolen with alot of tools in it. I loaned him the use
of my vehicle for six weeks and bought him about $300 dollars worth of tools.)
He sent a certifed letteraddressed to my company
and inside was a letter to me with a statement! On the statement he lists
invoice #'s and next to the #'s are costs - none is higher than $750.00.
Total cost charged is $10,000.00, but again, no invoice higher than $750.00.
No breakdowns, nothing itemized, etc, just this letter telling me the balance
due and that this was a final notice. I never received any invoices,
I should have listened to advise someone told me a long time ago, which is
very very true. You can't cheat an honest man. That says more than I
ever thought it did.
Message posted via HomeKB.com
So a total of about 13 weeks x 3 hours = 39 hours or about one weeks work
for $2800+6 weeks car hire. Not a bad hourly rate.
Whats on his invoice exactly? How on earth could he have used $10,000 worth
of materials in 39 hours doing minor repairs?
Speak to an attourney, explain the situation and have the attorney write a
letter telling where to get off. That should do the trick at minimal cost.
Here in the UK that would cost you <$150.
How much is car hire over there? You Perhaps have your attorney deny his
invoices and counter claim for the car hire at commercial rates and return
of the tools you lent him for good measure.
I wonder if the roofer declared the car and tools on his tax return?
I wonder if the value of the tools he told you matches the value he told his
Why do you say that? Read up on basic contract law. An oral contract
is still a contract.
This is easy advice to give, but I don't know many people who draw up
contracts for small jobs. At most, they just spell out the scope of
work, the price, be it a fixed price or time and materials, and a pre
lien notice. Hard to imagine that if you are hiring a friend to do
some work you would hire a lawyer to draw up a 5 page document that
spells out "if the contractor leaves the job for three weeks such and
so happens." That just isn't realistic.
Seems like this is mostly about a personal relationship gone awry.
The OP needs to protect herself by consulting an attorney.
This is very personal. I'm upset about being taking advantage of, and he
probably feels the same way. I am getting close to retiring and my plan
was to fix up my house, sell it, and have a nest egg. The market went
south and I will wait until it starts up again before I sell it. For
him to call my office and tell my supervisor that he knows I'm closing
on the 24th, spoke with my realtor, and thinks it would be a good idea if
I called him by 5 p.m., because he does not want to let the realtor know
that I had a mold problem is a threat and you're right it is personal. I
have read up on statutes in my state and it says that unlicenses
contractors have no legal rights period. I may have tried to come to
an agreement with him, but since the threat.... He willl deal with my
Message posted via HomeKB.com
No it's clear from his actions that he doesn't. There are too many people
around these days willing to exploit the vunerable. I think you have been
way too generous lending him a car and replacing his tools. Were they really
I'm very glad to hear you have spoken to an atorney.
True, but it is very hard to prove that you ever had the oral contract.
That is the crux of it. There are several tests to establish the
presence of a contract and in the case of an oral contract, these tests
are hard to meet.
I felt that he was not only stalking me, but harassing me at my workplace.
I went to court and petitioned for a restraining order, which I was
granted. I hired a process service on Thursday, and hopefully he will be
served by Monday. Please don't think that I am trying to get out of
paying a debt, because that's not what this is about. As I earlier
stated, I have known this person since 1984 and we had been good friends.
When he was arrested in 2005, he called me from jail (collect of
course) and asked if I could help him with his fine. I paid the court
$3300 (for back child support), against the advice of many people who we
both have worked with (& I still do). They told me not to do it, that
he was a loser. But I was a friend and that's what friends do. I
have to laugh at the irony of it, since these people who advised me to
leave him in jail are the ones he called to give them a "friendly heads-
up' that he had filed a suit against me and that a process server would
be coming to the office to serve me. So, I am willing to go to court and
let the judge decide if he is entitled to any more compensation. I
will tell my side, and let the court know of his antics, harassment,
and threats. Everyone tells me that he is in the wrong, abandoning the
job, contracting without a license, trying to skirt around the ROC'S
rules & regs, and no written contract, but I am still neverous about
this whole episode. If he would have told me he couldn't finish the
job, and that I needed to get someone else, than I would have paid him
what was owed and go on from there. But to just stop working on the
repairs in the middle of them, and not return any phone calls, and
then to show up after one year without an explanation or an apology was
just too much. I feel like he took advantage of our friendship and
betrayed me. Thx for listening.....
Message posted via HomeKB.com
(please do not top post!)
1. Hired a friend without a proper contract?
2. Didn't set deadlines and performance specifications?
3. Waited a really long time for a non-performing contractor to
4. Treated a contractor as a friend. Remember: contractors are
employees, not friends. And never, ever, hire friends.
The above reply seems to imply that you felt that you still owed him
money? IF that is so, then you should pay it--making 100% sure you
document that he has been paid in full, and that all suppliers and
sub-contractors have also been paid, etc.
I'm sure the lawyer will straighten things out for you. Then be
careful when hiring 'friends' and make sure they are professionals!
It's not hard for a con-man to convince someone they owe them money.
She had already paid $2,800 (plus six weeks car hire) for about 39 hours
work. Now a year later he turned up to demand $10,000 for a list of things
for which he hasn't provided reciepts or invoices. I smell a rat.
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