What would you do if you were in my situation?
- Thread starter Mully
- Start date
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There he goes again ....
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The good Agent lasted two days... tops:SIB
Wasn't being rude at ALL....was serious, didn't think our responses were going to change his path either way, but I do believe he is looking to us for 'justification' to not try anymore to pay the man.
It's really up to you Mully, you have made the effort, I wouldn't think any less of you if you quit trying.
Just remeber, the RIGHT thing to do is send the $$$ back to your insurance carrier!
Now we will see where your heart is!
:SIB
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How in the world when he tried twice to contact the guy, you feel he is trying to avoid paying him? And it is remember Agent not remeber. Boy i feel like a dick when i do that.
Mull, as off the wall as it sounds, check and see if he didn't attach a : Mechanc lien or some device to your property. Don't take any chances. Whatever it costs, deduct it from his bill. All state laws are different.
- Nov 7, 2004
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There are a ton of scumbag contractors out there...but this guy sounds like one of the rare good ones. This would bother me too. If you've ever been screwed by a contractor maybe you would see this as payback...sort of. I'd probably call one last time...then I'd stop wasting my time and try to forget about it. Good luck, and treat yourself to some nice golf equip.
I said it was off the wall. If I were in your shoes and couldn't find the roofer. I would contact a Title Company and clear the title. Would first send a registered letter to him detailing my intentions.
Could cost me 2-300 dollars for this Title search that would be deducted from the bill. I'd give him 30 days from delivery to respond.
Could cost me 2-300 dollars for this Title search that would be deducted from the bill. I'd give him 30 days from delivery to respond.
you made this post because its obviously bothering you somehow. Make one last call and try to get a hold of him. If you do, good you get him his money. If not, what more can you do?
One thing I would definitely do is along the lines of what AR said... at least put what you think you owe him off to the side, so if he pops up you have it there and it doesn't come as a surprise.
Good advice, dan. I'd suggest the registered letter, too, but there are a few more things to ponder. One never knows what to expect with building contractors, so it always pays to be thorough. First, everything you'll read here is a hypothetical; I'm not dispensing legal advice to you; and this is for entertainment value only. I'm not giving you any legal course of action.
Okay. Does this guy have a state license as a building contractor? Many states require such a license, the lack of which deprives him of a right to collect in court, either on the contract or otherwise. Check the laws in your state (probably could find out by calling the state contractor or going online to their website, yourself). Another issue might be: Was it a home sales contract (i.e., like a door-to-door salesman approached you?) There are laws regulating these, too (FYI). Sounds to me that you liked his work, so no worries there.
Second, assuming the above is not his demise, and assuming his bill was not lost in the mail on its way to you, the roofer has some time to make a claim. Under common law in most states, its around two years, but check your local jurisdiction.
A couple of years is a long time, so needless to say, don't start doing a touchdown dance in the end zone quite yet. (Just joking, not that you would do this. Sounds like you want to do the right thing here, and that's good).
Third, and this is kind of sneaky of the guy, but as dan has aptly pointed out, you may already have a mechanic's lien on the title documents to your place. (Ah, building contractors!). Such a lien would cloud your title and prevent you from getting a loan or selling the place without paying the roofer off. One would be smart to do a check for this, something along the lines that dan set forth will do the trick, or you can go down to the county recorder's office or court house and check the records yourself (not recommended for the novice or unadventurous).
Regarding Mechanic's Liens: in my state, the roofer would have ninety days in which to file a lawsuit to "foreclose the lien" (i.e., turn his lien into a lawsuit and make a claim to the judge that the work was done and that you have failed to pay for it). Those ninety days run from the date the roofer records the mechanic's lien. The good thing for you is that if he blows this date, you can move to expunge the lien (i.e., get it wiped off the books).
Food for thought and grounds for further research.
Looking to buy some new clubs this summer, Mully. You got a store here in the Quads or do you work from home?
