DIYbanter - View Single Post - How to get my money back from a jerk contractor...

Frank

wrote:
On Jan 14, 1:26 pm, "JoeSpareBedroom" wrote:
wrote in message

...

OK, so, some of you may have seen my earlier post entitled "I want OUT
with my builder", where I explained that my home improvement job went
awry due to the builder's incompetence and poor service level.
Anyhow, I've had no luck "playing it nice" with the builder in trying
to get back the up-front money I gave him before I had to fire him.
So, I'm ready to get stern with him.
I have some friends in the industry (building/demo, etc.), and they
advised that I mention the following things to the builder as
"consequences" for him not refunding the money he owes me:
1) File a complaint with the Board of Registration of Contractors in
my state (try to get his license revoked)
2) File a consumer protection complaint with the Attorney General
3) Give an account of my ordeal to the local inspector (that he has
to work with all the time)
4) Write negative reviews about him on online message boards, such as
Angie's List
5) File an OSHA complaint that his workmen weren't wearing goggles/
respirators, etc. when they were performing demo involving potentially
hazardous materials
6) File a complaint with the local Better Business Bureau
7) Have an attorney draft a "legal letter" alleging breach of
contract and fraud
8) File a civil lawsuit alleging breach of contract and fraud
9) File for mediation (as has been stipulated to in the contract)
So, which of the above do you think are valid, and are there any other
avenues I can pursue? I would prefer to have to actually **do** none
of the above, but I will definitely go all the way if I have to. I'm
hoping that just the mention of certain things will help to get at
least a partial refund.
Thanks again!
Assuming you're sure you can stand in front of a judge and clearly point out
real breaches of the contract, I'd go with the last 3 actions first. The
rest are lightweight and a waste of time compared to the last 3.

I would prefer to choose the options that might cost less in time and
money, and then "build up" to the most severe options. So you think I
should just cut right to the legal action?

How much money are you talking about? Lot of time if less than $10,000
you can go to a small claims court without using a lawyer. Make sure
you have all records to support your claim.

Lawyers usually work on contingencies but you could have up front filing
fees and have to pay for expert witnesses. Lawyer will usually work up
slowly to this by first sending contractor a letter but if contractor
holds out and wants to go the distance, you could be in for a long ride.
Even if contractor is a rotten SOB and you want satisfaction, look at
the bottom line and assess if the view is worth the climb. Also be
careful of slandering contractor as he may counter sue.