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Hired The "Home Repair Contractor From Hell".. Can they sue/recover?

Discussion in 'Off-Topic' started by GlockJock, Aug 13, 2019.

  1. GlockJock

    GlockJock NES Member

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    I'm told it was (ballpark but pretty close to actual numbers):
    $6k down, to order windows..
    $2200 when windows shipped and prior to beginning install
    $1800 halfway through, and... Then the "fun" began. (Missed appointments, broken promises, damages, brutal work, etc etc.)
     

  2. GlockJock

    GlockJock NES Member

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    It was 19 windows plus rear slider door, screens etc
     
  3. MadatMarek

    MadatMarek NES Member

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    Let’s all be thankful there was not a picture of an upper decker or keys on the roof
     
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  4. drgrant

    drgrant Moderator NES Member

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    Dumpster fire, they could try to find an attorney that specializes in this crap but part of the problem is these scumbags are usually running on a shoestring, and most of that cash has probably already been spent on hookers and blow or something.

    ETA: if the guy is dumb enough to be running a few things at once he might be able to put a lien on some property he is trying to flip or something, but that might be difficult to do, too. A friend of mine got ripped off by a builder once and practically had to hire a private detective just to track the shithead down so he could get served with papers....

    -Mike
     
  5. 01906

    01906 NES Member

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  6. JoeT

    JoeT

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    "The Bitterness of Poor Quality Remains Long After the Sweetness of Low Price is Forgotten"
     
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  7. JDL

    JDL NES Member

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    I had something similar happen to me. I wont go into the details, however some of the work was very good, this was the normal construction stuff, however the finish work was just terrible and not finished, messed up and some destruction. I refused to pay and told them to take me to court to get there money. I told them with the photos of what they did it would be a slam dunk for me and I might even get more out of the case in a counter suite once they lose. It did not take long for a settlement. If you can stop payment or not pay do it and tell them to take you to court. You will see how fast things will change.
     
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  8. BigTimber

    BigTimber NES Member

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    Glad to hear he found someone good. All those windows need to come out and the install needs to start over. Any advice Otherwise is garbage. I’ve had to fix a lot of shoddy window installs over the years and those are right up there with some of the worst I’ve seen. Not the worst, but up there. Sadly So many hacks in my field. This is why so many of my jobs start with something smaller, a little trust is gained and next thing I know I’m in the gimp suit chained to house for the next year doing everything under the roof. I need to start charging more. So so many hacks.
     
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  9. jhblaze1

    jhblaze1

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    when hiring a contractor you need a copy of his licence and proof of current insurance and I wouldn't give a penny to anyone who couldn't furnish that on day one.

    Second lesson is never to hire a friend of a friend. Find contractors online, get references and actually check them.

    OP's nephew is learning a very expensive lesson. I'm a pessimist by nature, but I think the OP's nephew is pretty much boned here. Even if he wins a lawsuit, this shitbag contractor probably doesn't have the money to pay up, as evidenced by the fact he can't afford to hire proper help and is using his 13 year old kid.
     
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  10. rmaclean86

    rmaclean86 NES Member

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    Personal experience here: I too got bilked and fleeced in a similar manner. Let it go for far too long as there was a “friend” connection. Let’s just say the amount in question was 100K+ conservatively. Terminated him and the real mess began. Consulted an attorney and assured me the case was viable. Did some background work and the dudes LLC went bankrupt, he did not transfer assets from old LLC to a new LLC/similar and his personal finances a mess. It would have been a waste of more $ to chase him through the courts to win a settlement that could not be paid. I was told that you cannot get blood from a stone and the court avenue would be a Pyrrhic victory.

    Lesson learned; never use “friends” and do your homework before hiring. I know, a lesson often learned too late. It sure was in my case. Maybe yours as well. Good luck and let the odds be in your favor; they were not in mine.
     
  11. zboys

    zboys NES Member

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    I would never trust a mortgage broker, sneaky slimy bastards, they will help find someone to finance you with sneaky tactics knowing damn well you'll end up losing your house a few years down the road.
    They are the last people I would take referrals from
     
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  12. boatman

    boatman

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    a. Above.
    b. File in Small claims court to recover damages. Limit of $7500, but worth it. If he has before and after pics, and documentation showing 14 yr old son, bartender helping, etc would be a plus. Very easy and inexpensive to do, worth the time. Even if the guy declares bankruptcy you get a moral victory. If he is a real contractor, he will not file bankruptcy and kill his business to avoid a 7.5k judgement unless he was going down the tubes anyway. Then you can make his life hell if he doesn't pay.
     
  13. enbloc

    enbloc NES Life Member NES Member

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    With Feminism going strong, I wish more women would enter the trades...

    [​IMG]
     
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  14. Manomet

    Manomet NES Member

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    I know how the NES members love big brother, that being said what did your nephew do to vet this clown ahead of time? This work requires a permit in any town in Mass. Inherent in that is a construction supervisor license (csl) and a home improvement contractors license (HIC) as well as workman's comp insurance and a contract. If you are spending 15K+ and using a friend of a friend as reference without further inquiries then some of life's lessons are meant to be painful.
    Does the work look bad, yes. Should you address that on day one, yes. The HIC fund referred to above is homeowner driven. If the homeowner did not require a permit, did not verify the contractor was HIC registered the homeowner has waived all rights thru that program. You can'r save some money, get one over on the man, cheat the system and then turn to that system when you have failed yourself. Figure out where he stands with the facts and the law, contacting the local building department is a good place to start, and then try to recover what you can without spending a dime because you will be lucky to get one back.
    If he found someone good then best of luck with him, hopefully not another friend of a friend. And any painted interior window replacement job should have some paint, caulking work around each opening to restore it to pre disturbed conditions. There is a reason legitimate contractors cost more, they invest more in themselves their employees and their business. It is reflected in the quality of work and the quality of the building experience. Good luck to your nephew.
     
  15. looser38

    looser38 NES Member

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    You better buy in bulk, say 55 gallons each of caulk and paint to cover that mess up.
     
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  16. gerrycaruso

    gerrycaruso NES Member

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    The HIC fund works if he's a registered HIC. If he's not registered I don't have a quick solution. All of us who are registered pay into it. Just like grey, no one has ever filed a complaint against me so it just costs me money to be registered.
     
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  17. Sweeney

    Sweeney NES Member

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    It's actually not that bad...if they were going that post-apocalypse look.
     
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  18. SpencerT

    SpencerT

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    I am also a HIC registered contractor. Included with all my quotes is a copy of my HIC, CSL and current insurances, hopefully your nephew at least got that from the guy?

    As others have said I’m not sure how you would collect $ from the HIC program as I have never had a claim.

    Unfortunately our industry has its fair share of hacks, I’m currently correcting issues in my BIL addition that his “contractor” brother put up for him... still planning to use the brother on his future bathroom project so some people can’t learn! I hope things pan out for your nephew and he uses this as a lesson not to be burned on future projects
     
  19. Malodave

    Malodave

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    Looks like they hired that Chinese Guy that built his garden shed out of scrap lumber a while ago if you remember that thread.

    Malodave
     
  20. Asaltweapon

    Asaltweapon NES Member

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    The building department can help if a permit was issued.

    This guy was 15K to date for what?
     
  21. mibro

    mibro NES Member

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    The mortgage broker probably took a referral fee from the contractor, vaporized his profit on the job and then his motivation.
     
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  22. GaryO

    GaryO NES Member

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    I'm going to sum up this thread.... They got screwed.
     
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  23. xjma99

    xjma99 NES Member

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    I would say boned. No lube.
     
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  24. Brucewillis4316

    Brucewillis4316 NES Member

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    Nothing a little putty and paint won’t fix....
     

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  25. Dadstoys

    Dadstoys NES Member

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    This is why I do my own work.
    He can try to go after him , but most of these pro grade scumbags are pretty good at covering themselves.
    I've been in million dollar houses that the dirtbags didn't even do any flashing around anything and two years later the place is falling apart.
    The best he might be able to do is get this guy's name out there in as many public venues as possible and hit him in the pocketbook.
     
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  26. GlockJock

    GlockJock NES Member

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    Yup, as soon as my nephew told me where he'd gotten the contractor's name from and heard "My mortgage broker" , the first thought that entered into my mind was "used car salesman"...
     
  27. BlackwaterFence

    BlackwaterFence NES Member

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    "The HIC fund works if he's a registered HIC. If he's not registered I don't have a quick solution. All of us who are registered pay into it. Just like grey, no one has ever filed a complaint against me so it just costs me money to be registered."

    ^ this
    One time when I would invite Gobernment into my life
     
  28. Rob Boudrie

    Rob Boudrie NES Member

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    Suppose the contractor injures a friend visiting the property, a neighbor, etc or a subcontractor sits on a substandard toilet seat and gets the mother of all splinters. If the contractor does not have liability insurance you get sued since but for hiring the contractor the injury would not have occurred.
     
  29. Rob Boudrie

    Rob Boudrie NES Member

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    You should realize that you now owe the sub that money.
     
  30. BigTimber

    BigTimber NES Member

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    Btw PSA never go with one of the large window companies like anderson blah blah new pro whatever. They are shockingly overpriced. Like so much higher than the average GC they should be wearing ski masks while they settle up with their victims, ah customers.
     
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