SLTA
Structural
- Aug 11, 2008
- 1,641
Back in May, I did a project for a builder that came recommended and I had no reason to be leery of his ethics. He said he'd pay as soon as I got the invoice to him, which was the next day. Cut to three months later... after one bounced check, about four promises that the check is coming, and a second job with him where he pulled a lot of unethical crap and tried to get me into it too - I still haven't gotten paid, and I'm getting tired of this.
The check came for the second job just today, but only because I contracted with the owner and not the builder. The builder told the owner in front of me that permits weren't needed, though we (meaning he and I!) legally had to recommend them. Uh, no. I told the owner through email that permits were in fact legally required and that I would not be participating in the job until permits were pulled. Come to find out the builder hasn't renewed his license, either, and is doing projects way over the unlicensed monetary limit. (No, there will not be a third job for this builder.)
With all this, I still need to get paid for the first job. I don't trust this guy AT ALL. I have a call in to my lawyer, but in the meantime, what are some recommended next steps? I'm going to ask for a cashier's check since one has already bounced. I'd also like to ask for a late fee, but given that the terms and conditions on my contract don't say that (but are added in now!), I guess that's out. I'm going to look into placing a lien on the house for the amount as well, but I don't know if that will actually help, since my contract on that job was with the builder and not the owner.
And, as a PE, am I obligated to report the guy for working over his limit, or for recommending illegal stuff?
I know this isn't a lawyering board, but I also know that a lot of you are sole proprietors like me and may have helpful thoughts. Cheers in advance.
The check came for the second job just today, but only because I contracted with the owner and not the builder. The builder told the owner in front of me that permits weren't needed, though we (meaning he and I!) legally had to recommend them. Uh, no. I told the owner through email that permits were in fact legally required and that I would not be participating in the job until permits were pulled. Come to find out the builder hasn't renewed his license, either, and is doing projects way over the unlicensed monetary limit. (No, there will not be a third job for this builder.)
With all this, I still need to get paid for the first job. I don't trust this guy AT ALL. I have a call in to my lawyer, but in the meantime, what are some recommended next steps? I'm going to ask for a cashier's check since one has already bounced. I'd also like to ask for a late fee, but given that the terms and conditions on my contract don't say that (but are added in now!), I guess that's out. I'm going to look into placing a lien on the house for the amount as well, but I don't know if that will actually help, since my contract on that job was with the builder and not the owner.
And, as a PE, am I obligated to report the guy for working over his limit, or for recommending illegal stuff?
I know this isn't a lawyering board, but I also know that a lot of you are sole proprietors like me and may have helpful thoughts. Cheers in advance.
