???? for lawyers LEO's and anybody with any contracting experience or law knowledge

[Glocktogo]

Some what on subject but when doing ANY contract work if the contractor needs $$ for supplies or money up front seek out a different person.......

Word! A contractor's inability to properly fund their business is not my problem! If you need money up front, I'll immediately consider your ability to complete the project as in jeopardy. The contractor has a powerful tool to ensure payment after the contract is complete (lien on the property). The homeowner's recourse is flimsy at best, particularly when the contractor has no assetts to attach. if they did, they wouldn't need the $$$ up front in the first place!

 

[Jefpainthorse]

Word! A contractor's inability to properly fund their business is not my problem! If you need money up front, I'll immediately consider your ability to complete the project as in jeopardy. The contractor has a powerful tool to ensure payment after the contract is complete (lien on the property). The homeowner's recourse is flimsy at best, particularly when the contractor has no assetts to attach. if they did, they wouldn't need the $$$ up front in the first place!

Actually... any contractor worth his salt will ask for a payment plan set up on "draws"... a precentage up front...payments at defined points during the course of the work (foundation finished, roof on, etc) ... there is usually a hold back of funds in the contract that is only paid when the work is inspected, touched up and declared "finished" on the part of the owner.

That final draw needs to be enough to hurt the contractor if he doesnt make good. I've seen 20-25% held back for last draw... that represents the "profit" and a lot of the materials that are still outsanding on the contractors books- I dont know many reputable small contrators who can take a hit like that...good ones deliver.

Lot's of fly by nighters wont do this... look for a bonded, insured contractor and ask to contact his customers. Your "brother in laws" buddy", and "my son's pal from high school" have burned a lot of small job buyers over the years simply because they sound "cheaper" than a real contractor.

 

[DAMAGAN]

Thanks for the input gents and yeah this guy had no working capitol at all and my family member has been in trouble before for paying people in advance yet its happened again.

 

[bmwguy25]

Word! A contractor's inability to properly fund their business is not my problem! If you need money up front, I'll immediately consider your ability to complete the project as in jeopardy. The contractor has a powerful tool to ensure payment after the contract is complete (lien on the property). The homeowner's recourse is flimsy at best, particularly when the contractor has no assetts to attach. if they did, they wouldn't need the $$$ up front in the first place!

Id make sure and move it to keep him from coming back to get it and call in any identifying serial numbers to see if its stolen. I'm not 100% sure on tools and equipment but I'm sure you can place a lein of some sort on it.

 

[jmoney]

You are going to have to file a claim in court, and it is always a good idea to get an attorney.

In the future for any kind of work/contract, get something in writing with all the terms and signatures on there it makes things a lot easier.

I am not a lawyer, and have very limited understanding of the law since I have only completed a year of law school and intern in the criminal field, but I would not touch his property. Even though he owes you money leave it to a court to decide rather than getting yourself a charge for taking that property without permission.

 

[Electrician Mike]

On larger projects and new home construction, I usuallyask for 60% after the rough in work, then the final 40% after the job is completed. Never anything up front.
A lien on someones property is essentially a joke. I currently have 2, which I know I will never get paid for. If I continue to keep them renued yearly, it will cost me more in lien fees than what was originally owed me.

 

[DAMAGAN]

Thanks again and that is also what my fear was is moving the property then looking like I stole it or tried to.