Taking a contractor to small claims court

I'm thinking you're just gonna waste your time and money.
She probably doesn't have anything to attach.
The guys, they were hiding behind her all along.

I'd take it as a learning experience. Tuition. You admit, you did not really watch what was going on.
And you knew you should have.
And when they wanted a piece of the 4th you felt uneasy.
But, you gave it to them anyway. Negligence on your part as far as protecting yourself.

You're pissed. Understandable. Throwing more resources down a bottomless pit might make you feel better, revenge wise.

But it will not further your goals to better your life or get ahead.

Be smart, not emotional.

I say suck it up, move on, and don't forget.

I agree with motogrady. Absorb your losses and moves on. Sucks yes, but it'll more than likely be cheaper than hiring a lawyer and going after him.

Word of advice. It is not your responsibility to pay the other guy's employees. They're on his payroll not yours. He should have enough money in the bank to pay their salaries and in the event that money gets tight he could take a cash advance on his Visa/Mastercard or whatever to pay them or take it out of his business line of credit. If he's running a business and he doesn't have either of those things, again that's not your problem. He should take it up with his employees not you. His employees more than likely wouldn't be happy and who could blame them but that's their problem not yours. Those guys can either quit working for him or take him to court.

Whatever you decide to do good luck moving forward.

No different than when I have to evict a deadbeat renter. I take them to court and win a judgement against them but they are free to walk out of court without paying me a single penny owed. Hell, the judge even gives them another ten days to move out. Half the time, they don't even show for court as they are busy moving out at the last minute but it is a process I have to follow to retake possession of my own property. You'll likely get a judgement in your favor, but no money. You'll be out of pocket court costs and time.

Like Grady said, suck it up as a lesson learned and move on.

Start by calling the police right now!!! What he has done is called "theft by contractor"...

I just went through this with a concrete guy. He was supposed to be at my house pouring a slab, when the cops stopped by his house he was at home drinking beer.

The police will give him "x" amount of time to complete the job, or face charges. They gave my guy a week to get it done and he got it done.

BTW: I did not even have a contract..but I had texts documenting the cash exchange..etc. Even if the contract is "poorly" written you are still protected.

For example, down payments can only be used for material..they got very strict on this stuff after the recession..

Thanks for the help guys. I was thinking along the same lines - I'll never see the money it cost to repair the damage they did and the work they didn't complete. It also doesn't make financial sense to follow through with the court process and legal fees.

It is disturbing that deadbeats and dirtbags have more rights in this country than honest, hard working people.

Brad460 wrote:

Start by calling the police right now!!! What he has done is called "theft by contractor"...

I just went through this with a concrete guy. He was supposed to be at my house pouring a slab, when the cops stopped by his house he was at home drinking beer.

The police will give him "x" amount of time to complete the job, or face charges. They gave my guy a week to get it done and he got it done.

BTW: I did not even have a contract..but I had texts documenting the cash exchange..etc. Even if the contract is "poorly" written you are still protected.

For example, down payments can only be used for material..they got very strict on this stuff after the recession..

It's a civil.matter. Not criminal.

jchek779 wrote:

Thanks for the help guys. I was thinking along the same lines - I'll never see the money it cost to repair the damage they did and the work they didn't complete. It also doesn't make financial sense to follow through with the court process and legal fees.

It is disturbing that deadbeats and dirtbags have more rights in this country than honest, hard working people.

Contracts,signed. Cover your ass.

Brad460 wrote:

Start by calling the police right now!!! What he has done is called "theft by contractor"...

I just went through this with a concrete guy. He was supposed to be at my house pouring a slab, when the cops stopped by his house he was at home drinking beer.

The police will give him "x" amount of time to complete the job, or face charges. They gave my guy a week to get it done and he got it done.

BTW: I did not even have a contract..but I had texts documenting the cash exchange..etc. Even if the contract is "poorly" written you are still protected.

For example, down payments can only be used for material..they got very strict on this stuff after the recession..

mxb2 wrote:

It's a civil.matter. Not criminal.

Taking money and not finishing the job is theft by contractor...which is not a civil matter.

If he finished the job and the quality of the work was not acceptable I would consider that a civil matter.

Brad460 wrote:

Start by calling the police right now!!! What he has done is called "theft by contractor"...

I just went through this with a concrete guy. He was supposed to be at my house pouring a slab, when the cops stopped by his house he was at home drinking beer.

The police will give him "x" amount of time to complete the job, or face charges. They gave my guy a week to get it done and he got it done.

BTW: I did not even have a contract..but I had texts documenting the cash exchange..etc. Even if the contract is "poorly" written you are still protected.

For example, down payments can only be used for material..they got very strict on this stuff after the recession..

mxb2 wrote:

It's a civil.matter. Not criminal.

Brad460 wrote:

Taking money and not finishing the job is theft by contractor...which is not a civil matter.

If he finished the job and the quality of the work was not acceptable I would consider that a civil matter.

Not honoring a contract is a civil matter in MD. State by state might be different.

Don’t pay till the works done.

I am guessing that this guy was a General Contractor not a Sub Contractor? And it was Residential work not Commercial? First of all the Residential world is rife with criminal contractors. If this guy had "guys" meaning employees you are free of them. If he hired a Sub Contractor that he did not pay you are sadly on the hook for that. They can lein the property. For a $10K job I ask for no money until it's done. Maximum allowable down payment is 10%.

Unfortunately we have to be"Ruthless" when we have this type of business dealings.My Mom and Dad got screwed out of 7K from a scum bag that had it down to a science. A separate escrow account setup for materials delivered to job site only can help . I'm with George,No one gets paid until the job is complete and I'm satisfied with what I see. Contractor asks to get paid. Of course your going to get paid,we have a contract that says when you're done and I'm satisfied you'll be paid in full. Reputable contractors should have no problems setting up a work escrow account and waiting till the job is done.

GeorgiePorgie wrote:

Don’t pay till the works done.

Boom

never mind

jchek779 wrote:

Thanks for the help guys. I was thinking along the same lines - I'll never see the money it cost to repair the damage they did and the work they didn't complete. It also doesn't make financial sense to follow through with the court process and legal fees.

It is disturbing that deadbeats and dirtbags have more rights in this country than honest, hard working people.

Was this a licensed contractor ? Were they bonded ? If so you should have recourse with the License Agency. If not your likely better off spending time and money getting your project done.

Not familiar with other states but CA requires licensed contractor for jobs over $500 and a license requires a $15,000 bond or cash deposit which can be used for claims of financial loss, unpaid employees, etc.

Its easy to identify a contractor or so called contractor that might not perform the job right. They can do it for much less than everyone else.

If its any kind of sizeable dollar amount and you don't want any issues. Check the license status and history, require current certifications for general liability insurance, and workers comp insurance for the General and any subcontractor they hire. And require the General purchase a payment and performance bond. It will add 2 to 3% to the cost but will protect the owner from uncompleted work, and property liens from unpaid employees and suppliers. And lawsuits against homeowners insurance and personal assets if someone gets hurt on your property.


The owner always has control of the payments. Progress payments can be made directly to the subcontractors and suppliers. Third party fiduciary can be hired to control payments to General, subs, and suppliers. Lots of different ways. Smaller projects with a single contractor may not support some of this but at the end of the day the owner always has control. Good reliable quality contractors will cost more but wont have a problem qualifying for or doing these things.

jchek779 wrote:

Thanks for the help guys. I was thinking along the same lines - I'll never see the money it cost to repair the damage they did and the work they didn't complete. It also doesn't make financial sense to follow through with the court process and legal fees.

It is disturbing that deadbeats and dirtbags have more rights in this country than honest, hard working people.

SCR wrote:

Was this a licensed contractor ? Were they bonded ? If so you should have recourse with the License Agency. If not your likely better off spending time and money getting your project done.

Not familiar with other states but CA requires licensed contractor for jobs over $500 and a license requires a $15,000 bond or cash deposit which can be used for claims of financial loss, unpaid employees, etc.

Its easy to identify a contractor or so called contractor that might not perform the job right. They can do it for much less than everyone else.

If its any kind of sizeable dollar amount and you don't want any issues. Check the license status and history, require current certifications for general liability insurance, and workers comp insurance for the General and any subcontractor they hire. And require the General purchase a payment and performance bond. It will add 2 to 3% to the cost but will protect the owner from uncompleted work, and property liens from unpaid employees and suppliers. And lawsuits against homeowners insurance and personal assets if someone gets hurt on your property.


The owner always has control of the payments. Progress payments can be made directly to the subcontractors and suppliers. Third party fiduciary can be hired to control payments to General, subs, and suppliers. Lots of different ways. Smaller projects with a single contractor may not support some of this but at the end of the day the owner always has control. Good reliable quality contractors will cost more but wont have a problem qualifying for or doing these things.

Great stuff right here. Thank you for that. I'm going to dig a little deeper into your suggestions to put them to use moving forward.

All this sounds good.

And it all could have been avoided, at the 1st draw.
If the work was shoddy, half assed, don't pay and kick the guy off the job.

But, if you make 3.5 payments out of 4, and all of a sudden you're not happy, something isn't right.
I mean, the 2nd and 3rd draw payments, to some, would mean the work was ok.


I just went thru it, and I'm a licensed contractor.
Storm ripped off a good bit of my metal roof.
Insurance paid, a nice sum.
The roofer was good.

But the drywall/ painters, Fuck.
Went thru 3 sets of nightmares,
First guy worked 2 days, had 2 workers with him. Estimated 10 days. Didn't come back for 2 weeks. Avoided my calls. Got me for $800 on a $3,600 contract. In the contract, finish in 10 days. By the time he came back, had another guy going. Got belligerent with me. Got in his face, got him off the property, and kept all his shit. Scaffolding, paint sprayer, ladders, hand tools. Fuck you asshole. 2 way street here. Had to give it all back when he went to the State Police.

2nd guy, just as bad. Yeah, he was licensed too. One State away, I found out later. State of West Vitginia does not reciprocate with Maryland. Got me for $600, then another $600 on a $2,400 contract. Wasnt supposed to get anything till he was half done. Tried going behind my back to Donna, said I told him to tell her it was okay for her to give him another $1,000. 2 hours after I had told him no more money till he was done, as he was behind as it was.
She called me, I went ballistic, raced home, threw that asshole and his tools out the front door,
And this guy we got off Angie's List.

Then tried some local young guys that help me sometimes when I need labor, maybe keep on budget I thought.
They tried, but boy, that was a mistake. More effing paint on the cabinets, carpets, even tracked it outside onto the decks,

Ended up finishing up myself, and it still isn't really done like some would want/expect.

But hey, it is what it is. Life is short, I really don't have the time, no, I really don't want to spend the time, chasing
a couple of ghosts that have nothing to give anyway,

motogrady wrote:
I'm thinking you're just gonna waste your time and money.
She probably doesn't have anything to attach.
The guys, they were hiding behind her all along.

I'd take it as a learning experience. Tuition. You admit, you did not really watch what was going on.
And you knew you should have.
And when they wanted a piece of the 4th you felt uneasy.
But, you gave it to them anyway. Negligence on your part as far as protecting yourself.

You're pissed. Understandable. Throwing more resources down a bottomless pit might make you feel better, revenge wise.

But it will not further your goals to better your life or get ahead.

Be smart, not emotional.

I say suck it up, move on, and don't forget.

Well said and agree.

Learn your lesson. No use throwing good money after bad.

I am frequently embarrassed by many in my profession. How do these people sleep at night?

borg wrote:

I am frequently embarrassed by many in my profession. How do these people sleep at night?

I hate hearing this stuff also.

But, lately, I've come to loath a few other professions also.
The greed in the medical/pharma fields, They act like Little Gods we should bow to, while they rape our pocket.
The deception, the fine print artists that hide behind being an Insurer practice.
The non profits, that prey on your feelings. Look up what the CEO of UNICEF and the Red Cross pull in pay.
Don't even get me started on government.

Yeah, I hate hearing about these low life scoundrels, but when u look around, they aren't alone,