Mechanics lean advice

[MadJack]

Did a pool deck about 3 weeks ago. The job was $7800 with half down and balance on completion.

We did the job, they like it but I had to fix their pool deck drain, a deal we made prior to getting the job.

Well, we finished but the drain cover hadn't been delivered yet so I told them to pay me everything but $750.

Drain cover comes in, we install it and now the customer says my guys ruined her pool cover when they were power washing.

BULLSHIT! They didn't come close to her pool cover. BUT, she won't pay me my $750 now.

So, I go out to talk to her about it and explain that we didn't hurt her cover and she tells me they did. We get nowhere, but nothing nasty at this point either. I tell her that I don't think they did it and am not admitting they did it but I'll turn it in to my insurance and see what they can do for her.

Today I meet with the homeowner and the insurance adjuster. She looks everything over, talks to the customer, talks to me, gets our statements and leaves.

Two hours later the insurance company calls me and says it's a touchy situation and her word against mine and they are going to give her $500 and are going to go as high as $750 if she isn't happy over the 5. Do I think she will go for that?

Nope, she wants a NEW cover and they cost $1800 and that's all she settling for.

Insurance tells me that $750 is all they will give her, period, because the cover is 5 years old, the life of a cover is 10, she only paid $1300 for it and that's going to be their offer. PLUS, my deductible is $500. :facepalm:

I know what's going to happen at this point. She's going to get $750 and keep my $750, so I'm going to lose $1250. FUCK!

I called the customer, gave her the news, she flipped out, screaming at me and told me to forget about me getting my $750. BANG - hangs up the phone.

I'm going to get a mechanics lean on her property. How does that work, what's involved?

FUCK HER!

No more nice guy from me.

 

[Sportsaholic]

She'll never get full replacement cost, it's based on age at a depreciated rate......So how did this get damaged, did you notice anything when you went to see it before the job?

If you're going to playing hard ass dont plan on any jobs from the neighbors..........

 

[The Joker]

I had a crew put in a white vinyl fence years back. Cost me 8K. Guy comes over day before work was to begin. He starts taking photos of the property. I ask why.

In case there is an issue with the property.


I didn't really get it then, but after seeing this, I get it now.

 

[MadJack]

She'll never get full replacement cost, it's based on age at a depreciated rate......So how did this get damaged, did you notice anything when you went to see it before the job?

If you're going to playing hard ass dont plan on any jobs from the neighbors..........

There is stitching all around the outside of the cover. Figure 80 feet on each side and 20 feet on each end. There are 4 places around the cover with about 6 inches of worn, torn, fraying, stitches. She is claiming the power washer did the damage. We don't power wash the pool cover. we cover the whole fucking thing in plastic. That's one of the first things they do when we start a pool deck job.

As far as I know, getting a mechanics lean is as easy as going to the courthouse and filling out a form. I'm not going to let this old bag get me for $1250. It's not fair and I'm a fair guy. If I thought we did the damage I'd pay her the $500 deductible and tell her to keep the $750 but I'm not doing it because they didn't hurt the cover.

And she's not even happy with the $1250 because she says a new cover is $1800. No matter what this bitch isn't going to be happy.

Another weird thing. About 1 in 20 customers ask me for proof of insurance. In the 80's I was in the home improvement business and about 1 in 20 asked for it back then too. This bitch didn't accept my proof of insurance, she said she wanted to be added to the policy as additional insured. NOBODY has ever asked to be additional insured in all the 100's of jobs I have been responsible for over the years. NOBODY! I think she set this up.

 

[Betone]

Not sure how a mechanics lean works? I would offer to meet her in the middle since the cover is at half the warranty value. She is not paying the $750 back, so I would mail her a check for $150 which makes it $900 and cancel the insurance claim. Cuts $600 out of your losses and I think any small claims judge would think you did the right thing by your customer. FWIW :0008

 

[MadJack]

Not sure how a mechanics lean works? I would offer to meet her in the middle since the cover is at half the warranty value. She is not paying the $750 back, so I would mail her a check for $150 which makes it $900 and cancel the insurance claim. Cuts $600 out of your losses and I think any small claims judge would think you did the right thing by your customer. FWIW :0008

This ain't Costco, BUSTER! :nono:

 

[Betone]

This ain't Costco, BUSTER! :nono:

:mj07: :mj07: :mj07:

Tell her to fuck off :0074

 

[Sportsaholic]

This ain't Costco, BUSTER! :nono:

You're right, Costco has Cameras..............:0003


















Sorry, couldn't resist....:facepalm:

 

[MadJack]

It's a lean against her property and when people find that out they pay up right away to get the lean released. Then she can take me to court, I don't care. I'm not going to let her win this one.

















































I talk a big game but your advice about giving her $150 is a good one. It will save me money. She doesn't know I have a deductible.

 

[saint]

Jack,

The best advice I can give you is do nothing until you let this marinate. You probably won't feel as angry in a few days.

What's more important to you? Being right/proving a point, or having a successful business. This bitch obviously set you up from the front end. I'd imagine she'll know how to twist the knife on the back end. You may win a few hundred bucks back but she can do much more damage to your business.

The most valuable thing to do is to learn from the experience. In a way, you left yourself open to this. Next time, prior to every job, your guys take pics of the things on site. You can buy a great small digital camera for 100 bucks at costco.

Sometimes kids I treat have such extensive needs I need to do it under general anesthesia. Last month I had to take a kid and his treatment plan was going to be 3k out of pocket. Single dad. Served active duty 3x in Iraq. I've got a soft spot for the military and offered him a 50% discount, so 1500$ out of pocket. I don't know many other businesses that would do that. He was waiting on his tax refund, couldn't pay me. But his kid was in pain so I took him to the OR. Guess what. The fucking guy stiffed me.

Was I angry? You bet your ass. I got swindled. But after I let it marinate I realized the only person I should be angry with is myself...I left myself open to this. So, I paid 3k to learn an important lesson. Guess what. I collect in full prior to any hospital case now.

Seriously, this bitch set you up like a set of bowling pins. You will just lose time and energy. Let it go and consider it an expensive lesson. Chasing her will cost you future business. Take pics prior to all jobs. You don't even have to look at them- save them on the memory card, then they are there if you need them.

Just my 2c boss.

 

[Betone]

I know it pisses you off as there are so many opportunist in the world today. You do a quality job for a fair price and yet you still have douche bags that take advantage. :0008

 

[hedgehog]

women are irrational and emotional, try talking to her husband :shrug: if that doesn't work then

You will have to send them a demand letter, certified mail, make her sign it, explaining that you are going to turn it over to your attorney's for action they deem necessary. if that doesn't get their attention then

How to File an Indiana Mechanics Lein

 

[hedman]

If you are really interested in a lien/demand letter, I'd be happy to forward the one I used back in the day.

Lean back, lean back, lean back..... Man I love me some FatJoe.

http://www.youtube.com/watch?v=ajmI1P3r1w4

 

[PAChicky]

Did a pool deck about 3 weeks ago. The job was $7800 with half down and balance on completion.

We did the job, they like it but I had to fix their pool deck drain, a deal we made prior to getting the job.

Well, we finished but the drain cover hadn't been delivered yet so I told them to pay me everything but $750.

Drain cover comes in, we install it and now the customer says my guys ruined her pool cover when they were power washing.

BULLSHIT! They didn't come close to her pool cover. BUT, she won't pay me my $750 now.

So, I go out to talk to her about it and explain that we didn't hurt her cover and she tells me they did. We get nowhere, but nothing nasty at this point either. I tell her that I don't think they did it and am not admitting they did it but I'll turn it in to my insurance and see what they can do for her.

Today I meet with the homeowner and the insurance adjuster. She looks everything over, talks to the customer, talks to me, gets our statements and leaves.

Two hours later the insurance company calls me and says it's a touchy situation and her word against mine and they are going to give her $500 and are going to go as high as $750 if she isn't happy over the 5. Do I think she will go for that?

Nope, she wants a NEW cover and they cost $1800 and that's all she settling for.

Insurance tells me that $750 is all they will give her, period, because the cover is 5 years old, the life of a cover is 10, she only paid $1300 for it and that's going to be their offer. PLUS, my deductible is $500. :facepalm:

I know what's going to happen at this point. She's going to get $750 and keep my $750, so I'm going to lose $1250. FUCK!

I called the customer, gave her the news, she flipped out, screaming at me and told me to forget about me getting my $750. BANG - hangs up the phone.

I'm going to get a mechanics lean on her property. How does that work, what's involved?

FUCK HER!

No more nice guy from me.

I haven't had to file a mechanics lean at work on anyone in a while but when I did, I eventually did get paid. (6 years later) It cost me about $20 to do the paperwork at the courthouse in the Prothonotaries office. Going for a Magistrate hearing for me is a waste of time because I can win and still won't get paid half the time and it's expensive. So the lien is the way to go. This guy wanted to get a loan for a house and because I had the lien on him he couldn't, so he paid up. They must also pay in full before you sign off on the lien and let it be released. So they can make payments and you should document them with the courthouse and then you both have to show up to sign the release. I also had to do this to a Tenant who stiffed me on rent, an empty oil tank, and damages. At least that's how it works here in PA. Good Luck!

 

[UGA12]

This bitch will talk bad about you and your business regardless of what you do at this point. Fuck her, bring on the lien!

 

[Mr. Poon]

If you're going to playing hard ass dont plan on any jobs from the neighbors..........

I would place a pretty large wager that her neighbors hate her.

 

[PAChicky]

Whoever posted about taking pictures in the future- good idea. I have customers that bring cars in the night before after we close, with dents and dings already in them and we take pics of them before we even get in them to bring them in to the garage, so they can't blame us later for the damage. We also had security cameras installed about 7 months ago.
:0074

 

[fatdaddycool]

I filed one on that asshole I told you about. You don't need a mechanics lien brother.

First, find the receipt for the pool drain cover you replaced. Then find the contract that you had her sign that shows the full amount due. Call the county Sheriff and tell them that you need a property recall assist. They will meet you at the house, show them the receipt for the materials that you used and for the drain cover. Then show him where the bill was not paid and the drain cover was paid for by you. You may then simply walk on to her property and take the drain cover and then crank up your grinder to take back your materials that she didn't pay for and if she doesn't reach for her wallet then start grinding. Not a fucking thing she can do. You have a contract.

If you still want to file a lien for workmanship than you simply go online and download the necessary paperwork. Go to the courthouse and pay the $50 filing fee. Before you file it, take a picture of the paperwork, then a picture of yourself at the courthouse with that same paperwork and text it to her. Tell her you have a guy waiting out front to collect your money and if you don't get a phone call in ten minutes you are filing the lien. You'll get your money.

Hope this helps,
FDC

 

[The Boys]

Take a brown bag, fill it with shit, put it on her pourch and light it on fire.

 

[ageecee]

I filed one on that asshole I told you about. You don't need a mechanics lien brother.

First, find the receipt for the pool drain cover you replaced. Then find the contract that you had her sign that shows the full amount due. Call the county Sheriff and tell them that you need a property recall assist. They will meet you at the house, show them the receipt for the materials that you used and for the drain cover. Then show him where the bill was not paid and the drain cover was paid for by you. You may then simply walk on to her property and take the drain cover and then crank up your grinder to take back your materials that she didn't pay for and if she doesn't reach for her wallet then start grinding. Not a fucking thing she can do. You have a contract.

If you still want to file a lien for workmanship than you simply go online and download the necessary paperwork. Go to the courthouse and pay the $50 filing fee. Before you file it, take a picture of the paperwork, then a picture of yourself at the courthouse with that same paperwork and text it to her. Tell her you have a guy waiting out front to collect your money and if you don't get a phone call in ten minutes you are filing the lien. You'll get your money.

Hope this helps,
FDC

sounds like you have done this before. and I like the idea.