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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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!

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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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.

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?

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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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 agree. Been there - done that. Be prepared to never get money back.
Any smart contractor will be incorporated and you will be suing the
corporation and maybe him personally but may not be awarded a personal
suit since you are dealing with the corporation and corporation may be
bankrupt. I settled with my builder out of court and never got a penny.
Only relief was to take tax exemption as a short term business loss.
Good luck.

On Mon, 14 Jan 2008 10:19:02 -0800 (PST), wrote:

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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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!

Bullets speak louder than words !!!!!!

Most effective famous words in history:
Take a look down the barrel asshole........

In article ,
says...

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?

If you're serious and you can show you're right, yes, you do.

The little stuff is what people who *can't* show breach of contract do.

Banty

wrote in message
...
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?


Time off from work? I know. Plan carefully and you can efficiently minimize
that. Go right for the throat, and do it fast. The longer you wait, the less
important your concerns will seem when you finally get to court.

On Jan 14, 12:19*pm, wrote:
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
7) *File a civil lawsuit alleging breach of contract and fraud
8) *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!

Your only chance is small claims if the amount is low, have you looked
up his record at the courthouse, I hired a guy by mistake that lost a
case a year and nobody collected, I sued, won and cant collect. You
fired him, he will say he was trying to fix everything and you would
not let him and maybe that you owe him money still. You have to have
very good proof, photographs and all to win. Before you try check his
record and worth, a judgement wont do anything if he is genuinely
broke and rents a shack.

These situations are rarely completely one sided. I would compile a list of
all the failings of the contractor, have a competent attorney send him the
list in a letter seeking a fair settlement, and hope one can be reached and
you get something back. The alternative is to go to court, which at best
takes the money from the contractor and gives it to your attorney.



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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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!

"RBM" wrote in message
...
These situations are rarely completely one sided. I would compile a list
of all the failings of the contractor, have a competent attorney send him
the list in a letter seeking a fair settlement, and hope one can be
reached and you get something back. The alternative is to go to court,
which at best takes the money from the contractor and gives it to your
attorney.



If he goes to small claims court, he doesn't need an attorney. If he's in
NY, there's a good chance the town justice won't have any legal training, so
he'll be on equal footing.

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.

If the dollar amount is small enough that it can be held in small claims,
it's probably not worth the bother. Even getting a judgment in your favor,
doesn't put a dime in your pocket. Truly sleazy contractors have their
assets and yours in places that can't be touched. At least in standard
court, he would have to hire a lawyer to represent him. That's gonna cost
him, and I believe is his best chance of forcing a settlement



"JoeSpareBedroom" wrote in message
news
"RBM" wrote in message
...
These situations are rarely completely one sided. I would compile a list
of all the failings of the contractor, have a competent attorney send him
the list in a letter seeking a fair settlement, and hope one can be
reached and you get something back. The alternative is to go to court,
which at best takes the money from the contractor and gives it to your
attorney.



If he goes to small claims court, he doesn't need an attorney. If he's in
NY, there's a good chance the town justice won't have any legal training,
so he'll be on equal footing.

JoeSpareBedroom wrote:
....

7) Have an attorney draft a "legal letter" alleging breach of
contract and fraud
7) File a civil lawsuit alleging breach of contract and fraud
8) 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. ...

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.

Say you get a judgment -- how you going to collect?

If he performed work, he's probably entitled to a fair amount of the
payment for services rendered whether you're completely satisfied or
not. How much would be part of what the suit would be over. The burden
of proof will be on your side to prove that your complaints are
sufficient as to rise to the level of breach of contract so unless
you're expert enough or the case is really _so_ bad as to be evident
(unlikely, I would guess) to be able to show this, you'll likely need
some expert witness(es) to bolster your claims either in person or at
least by written testimony (which you may or may not be able to
introduce in small claims court).

Before you go too far, you need to find out about this guy's past
history--many shoddy contractors are sued over and over and over and
simply dissolve one business and form another or hold every attachable
asset in wife's name or other diversionary scheme so there's nothing to
get...

--

The dollar limit for small claims around here is $5000.00. Sounds
worthwhile to me.


"RBM" wrote in message
...
If the dollar amount is small enough that it can be held in small claims,
it's probably not worth the bother. Even getting a judgment in your favor,
doesn't put a dime in your pocket. Truly sleazy contractors have their
assets and yours in places that can't be touched. At least in standard
court, he would have to hire a lawyer to represent him. That's gonna cost
him, and I believe is his best chance of forcing a settlement



"JoeSpareBedroom" wrote in message
news
"RBM" wrote in message
...
These situations are rarely completely one sided. I would compile a list
of all the failings of the contractor, have a competent attorney send
him the list in a letter seeking a fair settlement, and hope one can be
reached and you get something back. The alternative is to go to court,
which at best takes the money from the contractor and gives it to your
attorney.



If he goes to small claims court, he doesn't need an attorney. If he's in
NY, there's a good chance the town justice won't have any legal training,
so he'll be on equal footing.

That's fine when you have a dispute with your neighbor. If you read the post
from "H", that is typically what's going to happen to you in small claims,
against any disreputable contractor. The laws simply protect these creeps.
If you can force him to negotiate, or have to pay for his own attorney,
you've at least got a little leverage



"JoeSpareBedroom" wrote in message
...
The dollar limit for small claims around here is $5000.00. Sounds
worthwhile to me.


"RBM" wrote in message
...
If the dollar amount is small enough that it can be held in small claims,
it's probably not worth the bother. Even getting a judgment in your
favor, doesn't put a dime in your pocket. Truly sleazy contractors have
their assets and yours in places that can't be touched. At least in
standard court, he would have to hire a lawyer to represent him. That's
gonna cost him, and I believe is his best chance of forcing a settlement



"JoeSpareBedroom" wrote in message
news
"RBM" wrote in message
...
These situations are rarely completely one sided. I would compile a
list of all the failings of the contractor, have a competent attorney
send him the list in a letter seeking a fair settlement, and hope one
can be reached and you get something back. The alternative is to go to
court, which at best takes the money from the contractor and gives it
to your attorney.



If he goes to small claims court, he doesn't need an attorney. If he's
in NY, there's a good chance the town justice won't have any legal
training, so he'll be on equal footing.

wrote:
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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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.


In the words of the Master of the Force, "There is no threaten, there is
only do."

Don't threaten. Get a lawyer involved. A letter should cost about $100 and
the lawyer will point out that subsequent action may make the contractor
liable not only for the contracted amount, but collection and litigation
costs.

If you were in Texas, $100 would be ample for, er, "extraordinary measures"
to collect the debt.

My choices would be

1) File a complaint with the Board
of Registration of Contractors in my
? state (try to get his license revoked)

Many State Boards are filled with very
self-righteous people who like to draw
blood from their own kind. Nobody
wants a hearing by a State Board.

2) File a consumer protection
complaint with the Attorney General

That's one of the functions of the
Attorney General. If enough people
complain, the AG may prosecute him.

6) File a complaint with the local
Better Business Bureau

They may have a file on him.

Those are the least expensive of the
choices you presented.

Dick

On Mon, 14 Jan 2008 13:45:23 -0500, Frank
frankdotlogullo@comcastperiodnet wrote:




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 agree. Been there - done that. Be prepared to never get money back.
Any smart contractor will be incorporated and you will be suing the
corporation and maybe him personally but may not be awarded a personal
suit since you are dealing with the corporation and corporation may be
bankrupt. I settled with my builder out of court and never got a penny.
Only relief was to take tax exemption as a short term business loss.
Good luck.

When you have a judgment and believe you will never get a cent, there
is one last way to put the spurs to him. Write the debt off, send him
and the IRS a Misc 1099. It now becomes income to him and the IRS
will do your dirty work by collecting taxes due on the write off
amount.

--Andy Asberry--
------Texas-----

Dick,

Got to disagree. The guy wants money in his pocket, not revenge. Why
would the contractor return his money after a complaint has been filed? That
won't make the complaint go away, so no reason to return the money.
He needs to find a local lawyer and get some professional advice. I
suspect that advice will be a demand letter followed by mediation.

Dave M.

And, when your dealing with people who cheat for a living, any action you
take that's toothless, is worthless



"David L. Martel" wrote in message
...
Dick,

Got to disagree. The guy wants money in his pocket, not revenge. Why
would the contractor return his money after a complaint has been filed?
That won't make the complaint go away, so no reason to return the money.
He needs to find a local lawyer and get some professional advice. I
suspect that advice will be a demand letter followed by mediation.

Dave M.

RBM wrote:
And, when your dealing with people who cheat for a living, any action you
take that's toothless, is worthless



To add another comment: building inspectors and local officials are
often in bed with contractors and will ignore all but blatant offenses.
I went through this with county officials - some were good but most were
bad. This extends through the judicial system. We recently had a ex
county official take a $3 million bribe. She was tried and convicted
and fined about $300 or the equivalent of a couple of speeding tickets.

"Frank" frankdotlogullo@comcastperiodnet wrote in message
...
RBM wrote:
And, when your dealing with people who cheat for a living, any action you
take that's toothless, is worthless



To add another comment: building inspectors and local officials are often
in bed with contractors and will ignore all but blatant offenses.
I went through this with county officials - some were good but most were
bad. This extends through the judicial system. We recently had a ex
county official take a $3 million bribe. She was tried and convicted and
fined about $300 or the equivalent of a couple of speeding tickets.


To make matters worse, if you're in NY and dealing with a town justice,
he/she may have no legal training. I know this sounds absurd, but here ya
go:

http://www.nytimes.com/2006/09/25/ny.../25courts.html

http://www.nytimes.com/2006/09/26/ny.../26courts.html

http://www.nytimes.com/2006/09/27/ny.../27courts.html

Might also be this way in other states, but I don't know about that.

On Jan 14, 1:19*pm, wrote:

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:


How about the INS? Do you have any reason to think he might be using
"undocumented guest workers"?

After the Florida hurricanes a few years back, I don't think there
was anyone who spoke English working for the cleanup contractor. I'll
eat my hat if any of them were legal.

I don't think they spent much effort worrying about OSHA regs either.

In article ,
"JoeSpareBedroom" wrote:

"Frank" frankdotlogullo@comcastperiodnet wrote in message
...
RBM wrote:
And, when your dealing with people who cheat for a living, any action you
take that's toothless, is worthless



To add another comment: building inspectors and local officials are often
in bed with contractors and will ignore all but blatant offenses.
I went through this with county officials - some were good but most were
bad. This extends through the judicial system. We recently had a ex
county official take a $3 million bribe. She was tried and convicted and
fined about $300 or the equivalent of a couple of speeding tickets.


To make matters worse, if you're in NY and dealing with a town justice,
he/she may have no legal training. I know this sounds absurd, but here ya
go:

http://www.nytimes.com/2006/09/25/ny.../25courts.html

http://www.nytimes.com/2006/09/26/ny.../26courts.html

http://www.nytimes.com/2006/09/27/ny.../27courts.html

Might also be this way in other states, but I don't know about that.

I'll be damned. And here I thought "Nothing But Trouble" was a work of
fiction.

"Smitty Two" wrote in message
news
In article ,
"JoeSpareBedroom" wrote:

"Frank" frankdotlogullo@comcastperiodnet wrote in message
...
RBM wrote:
And, when your dealing with people who cheat for a living, any action
you
take that's toothless, is worthless



To add another comment: building inspectors and local officials are
often
in bed with contractors and will ignore all but blatant offenses.
I went through this with county officials - some were good but most
were
bad. This extends through the judicial system. We recently had a ex
county official take a $3 million bribe. She was tried and convicted
and
fined about $300 or the equivalent of a couple of speeding tickets.


To make matters worse, if you're in NY and dealing with a town justice,
he/she may have no legal training. I know this sounds absurd, but here ya
go:

http://www.nytimes.com/2006/09/25/ny.../25courts.html

http://www.nytimes.com/2006/09/26/ny.../26courts.html

http://www.nytimes.com/2006/09/27/ny.../27courts.html

Might also be this way in other states, but I don't know about that.

I'll be damned. And here I thought "Nothing But Trouble" was a work of
fiction.


I appeared in court here after getting a speeding ticket, and the cop didn't
show up. The justice "lowered" the offense to "failure to obey a traffic
signal", which actually helped me in terms of points (none) and fine (less).
I asked him if the new offense was like running a stop sign. He said yes. I
shut my mouth at that point and paid the fine. But, what kind of nut thinks
running a stop sign is less dangerous than speeding?

On Jan 15, 9:47*am, wrote:
On Jan 14, 1:19*pm, wrote:

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:

How about the INS? *Do you have any reason to think he might be using
"undocumented guest workers"?

After the Florida hurricanes a few years back, *I don't think there
was anyone who spoke English working for the cleanup contractor. I'll
eat my hat if any of them were legal.

I don't think they spent much effort worrying about OSHA regs either.


And how is is reporting the contractor to INS or OSHA going to get the
OP his money back? It may make him feel better but if anything, it
will make it even harder to recover money owed.

The OP stated that the contract provided for mediation. He can get a
legal opinion as to the validity of that clause. But if mediation is
specified in the contract, it's likely that it's valid and that's the
route this should go. If the OP is right, he has a decent chance of
prevailing. It's interesting that the contract provides for
mediation. I would not expect to find that in a contract with a real
shyster.

However, I agree with RBM and others. If the contractor is a shyster,
then whether you get an award through mediation or the courts,
collecting it is quite another matter. The real shysters have been
throught this dozens of times and make sure they are judgement proof.

What State are you in? Some states have consumer fraud laws that allow you
to collect triple damages plus your attorney fees. If you are in one of
those States, and your case has merit, many Consumer Law attorneys will take
the case on a contingency fee basis -- PLUS you get to get MORE than just
your money back and your legal fees won't be deducted from what you recover
from the contractor. Look in the Yellow Pages under Lawyers, then see the
"Lawyers Guide" in the middle of that section, then pick one or more
Consumer Law attorneys and start there.

In most areas, you can contact your local Bar Association (also listed in
that same Yellow Pages section) and ask for a referral to a Consumer Law
attorney in your area. The way it usually works is they give the name of
one attorney and, as part of the referral program, that attorney agrees to
provide a 1/2-hour in-person consultation for something like $25 or $30.
Take all your stuff to that attorney. If you don't like the attorney, you
don't have to use him/her. You can always call back to the referral service
and get another name.

If you do either of the above, you will know exactly what you can and cannot
do in your specific situation. If you don't do either of the above, I think
you will spend your time going around and around playing silly games with
this fool.

Good luck.

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
7) File a civil lawsuit alleging breach of contract and fraud
8) 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!