Yes I did four days after trying to get him to view that damages or send out
his insurance agent.

His chimney work fine and the red-tag placed on it by the gas company has
been removed. But living my house in that state makes this a civil matter,
not criminal. I believe I can prove to the Judge that it was his workmanship
that made me stop payment along with other issues previously mentioned here.

"Art" wrote in message
k.net...
Did you stop payment on the check? That can be a criminal problem and you
will have to convince a judge that you did it because you discovered the
work was defective, not because you were trying to stiff him. Otherwise
in
most states, his getting paid is a civil manner though he might be able to
get a lien on your home temporarily.




"Artist" wrote in message
...
I'm a first-timer to your Newsgroup.

I was wondering if I may get some legal advice on a home improvement
project
that went very bad. I live in the State of New Jersey.

Home Improvement gone bad- chimney liner:

The project started with being red-tagged from my local gas company
because
my water heater flue was back-drafting and the fumes where venting
directly
into my living space.


I hired a local chimney contractor to install a chimney liner because my
chimney was to big to draw the air properly. To make a long story kind
of
short.....1. the contractor forgot to turn off my heater while working
and
the heating system "calf" the soot and soil all through out my home. I
immediately asked him to come look at the damage to my home, he refused
and
said it was just a bit of dust. 2. Also, the contractor forgot to seal
off
the area he was working in so the immediate living space was soiled due
to
cutting through the masonry wall to the chimney's existing flue. The
damage
to my home was so great that I received nose bleeds, headaches, and was
sick
to my stomach. I couldn't live in my home till the toxic mater was
cleaned
up.

Consequently to correct this matter, I had set up an appointment with
the
chimney contractor to come and view the damages two days. He stated on
the
phone that he would be willing to pay my homeowner's deductible but was
not
willing to report the claim to his insurance company. I said this was
not
expectable to me. He said when he would come over we could try to work
something out in a friendly fashion. He missed the appointment and never
returned my follow-up call. I proceeded to have my homeowners insurance
company come and clean-up my heating ducts/system, and my whole interior
of
my home and property...a four day clean up with five person team. I live
in
a three story townhouse 1,800 SF. I live and work from home and need to
have
the clean happen ASAP.

The contractor whom caused the damage showed up at my doorstep a week
after
the accident. He only showed up at my doorstep unannounced because I
canceled payment for his work done. (The chimney is working correctly
and
the gas company has since removed the red-tagged and I can use the water
heater.) He claims he couldn't make the appointment due to he was in a
car
accident. I said I was sorry to hear that but this is business and he
should
of had his insurance agent contacted me directly. He wanted to get pay
and
didn't want to furnish me with his company's insurance information
(certificate of insurance). He said since the clean up was almost
complete
that his insurance company would not pay for the damages. I informed him
that my insurance company took picture and wrote a report as did the
professional cleaning up company and would forward the information to
his
company. I stated it is in the hands of the insurance companies. He
still
refused to supply me with this information and I said I will not pay him
till this matter is resolved. He was screaming at me at this
point.....tons
of drama that scared me. I just shut my door on him. He screamed he was
going to go to the police, I said good. I then dialed 911 and the police
took my statement.

When the police arrived at my home they stated; it's against the law not
to
pay him the contractor for his work done even thought his work cause
considerable damage to my home. That damage was a civil matter only. The
officer state I must pay the contractor in 10 day after I receive his
certified letter requesting payment or I will have to go to court for a
criminal offense. Is this correct? Will I be issued a summons to go to
court
for a criminal offense because this contractor didn't do his work in a
workman like manner; as it is stated in is his proposal/contract of
work
rendered? And I refuse to pay till the matter is settled? Don't I have
the
right to receive his insurance company information?

Thank you for reading this explanation. I would appreciate any advise
this
forum may have to offer.

Sincerely,
Artist