Suing a Contractor for Walking Off the Job....

#52
#52
Jackcrevol said:
Update. Its over.
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Mind sharing what the end result was? What you described as the they worked it, had a deal with a commercial contractor that ripped off all the subs. 100%. We find out they have a history of it after the fact, but could not get the DA to pursue. I thought it should have been a RICO case because it was their modus operandi.
 
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#53
#53
GroverCleveland said:
Mind sharing what the end result was? What you described as the they worked it, had a deal with a commercial contractor that ripped off all the subs. 100%. We find out they have a history of it after the fact, but could not get the DA to pursue. I thought it should have been a RICO case because it was their modus operandi.
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Issue is that there is no data base for contractors. Typically these guys are a sole proprietor, or will set up business name under a relative. very hard to pursue criminal charges, as burden is solely on us. What laws did they break? it isnt illegal to be a morally abhorrent human, who isnt good at their job.
 
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#54
#54
Jackcrevol said:
Issue is that there is no data base for contractors. Typically these guys are a sole proprietor, or will set up business name under a relative. very hard to pursue criminal charges, as burden is solely on us. What laws did they break? it isnt illegal to be a morally abhorrent human, who isnt good at their job.
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we call them "taillight warranties/contractors". the contractor/warranty is only good for as long as you can see their taillights. once they are gone they are gone.

about the only thing you can do is try to find someone who has been in business under one LLC for several years. Contractors by their nature move around where the jobs are, but if they are respectable they should have some established history.
 
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#55
#55
LouderVol said:
we call them "taillight warranties/contractors". the contractor/warranty is only good for as long as you can see their taillights. once they are gone they are gone.

about the only thing you can do is try to find someone who has been in business under one LLC for several years. Contractors by their nature move around where the jobs are, but if they are respectable they should have some established history.
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Also if they can be there to start a project soon then you probably don’t want them
 
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#56
#56
Orangeslice13 said:
Also if they can be there to start a project soon then you probably don’t want them
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Yes, but that shouldnt be the only way to vet a contractor. I think Tennessee should step in and sharpen its pencil a bit here. At least be proactive.
 
#57
#57
Jackcrevol said:
Yes, but that shouldnt be the only way to vet a contractor. I think Tennessee should step in and sharpen its pencil a bit here. At least be proactive.
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The problem is this is 2 sided.
There are as many F-ed up home owners as there are contractors. Maybe more. I refuse to work for a significant amount of people who call me because I recognize a problem when I see one
 
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#58
#58
Orangeslice13 said:
The problem is this is 2 sided.
There are as many Fed up home owners as there are contractors. Maybe more. I refuse to work for a significant amount of people who call me because I recognize a problem when I see one
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discernment comes with experience, and a bit of common sense. the application of critical thought in these scenarios can help mitigate some, but not all bad scenarios.

I fell for it. So, that's on me. Perhaps naivete, falling for the pitch. Researching TN.gov after the fact is day late, and dollar short. Additionally, if its incumbent on us to vet folks, or be our own GC. Access to information, that of which doesnt req a JD to read would be helpful. Other websites are great, but info applicable to TN is best due to relevancy. Additionally, TN.GOV says 'please consult an attorney for further info.' As in, thanks TN. No ****.

The folks bank on fact that no one will pay to take them to small claims. Sooner or later, chicken comes home to roost, and they mess with someone who has the means to pursue. And even then, pursuing litigation is a crap shoot. Might as well forget criminal charges, unless egregious.

To me, there should exist a repository of easily accessible GC names, and Business Id's. And it should be a data base, shared. Its a best effort to eliminate fraud in this arena. Some States do this. If you're a Contractor, you should be for it. As, it would only help those who do things right way, to get more business. If you do things right way, and have a clean record. You dont have anything to lose, just everything to gain.
 
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#59
#59
Jackcrevol said:
discernment comes with experience, and a bit of common sense. the application of critical thought in these scenarios can help mitigate some, but not all bad scenarios.

I fell for it. So, that's on me. Perhaps naivete, falling for the pitch. Researching TN.gov after the fact is day late, and dollar short. Additionally, if its incumbent on us to vet folks, or be our own GC. Access to information, that of which doesnt req a JD to read would be helpful. Other websites are great, but info applicable to TN is best due to relevancy. Additionally, TN.GOV says 'please consult an attorney for further info.' As in, thanks TN. No ****.

The folks bank on fact that no one will pay to take them to small claims. Sooner or later, chicken comes home to roost, and they mess with someone who has the means to pursue. And even then, pursuing litigation is a crap shoot. Might as well forget criminal charges, unless egregious.

To me, there should exist a repository of easily accessible GC names, and Business Id's. And it should be a data base, shared. Its a best effort to eliminate fraud in this arena. Some States do this. If you're a Contractor, you should be for it. As, it would only help those who do things right way, to get more business. If you do things right way, and have a clean record. You dont have anything to lose, just everything to gain.
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And even if you do all that it can still go bad. For example, I subbed work to a guy I’ve been subbing too for over 10 years. Needless to say, I know his work and it’s rare that he has issues. Well…….he’s been paid all but about 2500$. The job isn’t finished. He only has a couple hours of work to finish. It’s been 6 weeks. I had to go behind him and correct things because he’s not watching his people and hired another guy to fix something on the job. That part because he started asking me how I would go about fixing it.

So even when you vet people…..even when you know them….it can still be an issue.

It sucks but all you can do is the best you can.
Bad contractors have been good for me. I retired about 2 years ago….for a month. Now I work at a premium, 35-40 hours a week with a waiting list of over a year.

That’s the most important factor for a homeowner to look at. If you have to wait a while, then there’s likely a good reason for it.

Edit: I don’t trust the government to get anything done correctly. If you saw the guys doing the inspections you’d know there’s no way they can be trusted to track who’s doing good work.
 
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#61
#61
Orangeslice13 said:
And even if you do all that it can still go bad. For example, I subbed work to a guy I’ve been subbing too for over 10 years. Needless to say, I know his work and it’s rare that he has issues. Well…….he’s been paid all but about 2500$. The job isn’t finished. He only has a couple hours of work to finish. It’s been 6 weeks. I had to go behind him and correct things because he’s not watching his people and hired another guy to fix something on the job. That part because he started asking me how I would go about fixing it.

So even when you vet people…..even when you know them….it can still be an issue.

It sucks but all you can do is the best you can.
Bad contractors have been good for me. I retired about 2 years ago….for a month. Now I work at a premium, 35-40 hours a week with a waiting list of over a year.

That’s the most important factor for a homeowner to look at. If you have to wait a while, then there’s likely a good reason for it.

Edit: I don’t trust the government to get anything done correctly. If you saw the guys doing the inspections you’d know there’s no way they can be trusted to track who’s doing good work.
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Seems like you might be dismissive of others' less fortune, due to your good fortune.
 
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#63
#63
Orangeslice13 said:
The problem is this is 2 sided.
There are as many F-ed up home owners as there are contractors. Maybe more. I refuse to work for a significant amount of people who call me because I recognize a problem when I see one
Click to expand...

We completely stopped working for homeowners and HOAs that aren't managed by an outside management company.
 
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