Long story short, I hired a contractor to remove three trees from
my property and in the process he caused damage beyond the usual yard
dings from falling limbs and trunks. He dropped a limb on my shed,
breaking the shingles and wood sheeting. Dropped a limb on my yard
rake, shattering it. Tried to hide both damages until I confronted him.
He said, 'well the roof was old anyway'. It was but it was completely
intact. He purchased in inferior POS rake to replace my broken one
telling me that's all Home Depot had.
That was a lie because I stopped at the same HD the same day and bought
my replacement that was identical to my old one.

Came out on the wettest, muddiest day of the year and tore up my path to
the woods with his equipment. I'll never get my yard tractor back to my
compost area. Left large logs scattered back in my woods.
At this point I called his office and told them they were not to return
to complete the job unless I was present.

They returned the next day when I was at work, against my wishes of
being present and attempted cut the stumps down and to clean up the
thick layer of sawdust in the area. They piled the sawdust in piles on
the edge of my yard in a completely unacceptable area.
That was the last straw so I called the office and fired the company.
Told them never to return.
I've had ten other trees removed from my property. Five that I did and
five that I had another company do. Those ten trees didn't create as
much mess or damage as this guy did with these three.

I sent them 800.00 of a 1200.00 invoice. Held the bal to cover repairs.
Got a phone call from their office a few days later to call the owner of
the co (who is the one that did the job, causing the damage). I thought
he wanted to discuss options to settle the matter so I called.
I hardly got a word in edgewise. He proceeded to cuss me out, call me
an asshole, tell me I was a deadbeat, threaten me and tell me that there
were collection agencies for people like me. I asked him about my
damaged property and he informed me that he didn't give a f**k about my
property and that he could have hired 4 ni**ers to do the job for less
and that he'll see me in court. I said I'd see him there and hung up.
I recorded parts of this conversation.
Against my desire to go to his place of business and tear his white
trash, racist head off, I instead decided to follow the legal route. I
called the cops, filed a report on the threat and will proceed to file a
restraning order in a day or two when I have the chance.

So, my question is: Is it ok to withold part of the payment due him to
cover repair costs? He has insurance that I may use but I'm still going
to hold the bal until repairs are completed to my satisfaction. You
know how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA

Subject: How would you handle this situation?
Newsgroup: alt.home.repair
= betruger = wrote:

Should I let it go to court?
Any other advise for a situation like this?


Check your email. I sent you something that might not be a good idea to post
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Subject: How would you handle this situation?
Newsgroup: alt.home.repair
= G. Morgan = wrote:

Check your email. I sent you something that might not be a good idea to post
public.


Okay the email bounced. Send me an email, I have important news for you.

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I would attempt to talk to him the option about having the repair work
cost deducted from the total invoice at a reasonable price or see him
in small claims court. The first option is much better for both
parties but if you go to court provide all the evidence including
pictures taken soon after the incident and bank statements. Contact
your home insurance agent.

On Mon, 07 Mar 2005 11:42:33 GMT, betruger wrote:

Long story short, I hired a contractor to remove three trees from
my property and in the process he caused damage beyond the usual yard
dings from falling limbs and trunks. He dropped a limb on my shed,
breaking the shingles and wood sheeting. Dropped a limb on my yard
rake, shattering it. Tried to hide both damages until I confronted him.
He said, 'well the roof was old anyway'. It was but it was completely
intact. He purchased in inferior POS rake to replace my broken one
telling me that's all Home Depot had.
That was a lie because I stopped at the same HD the same day and bought
my replacement that was identical to my old one.

Came out on the wettest, muddiest day of the year and tore up my path to
the woods with his equipment. I'll never get my yard tractor back to my
compost area. Left large logs scattered back in my woods.
At this point I called his office and told them they were not to return
to complete the job unless I was present.

They returned the next day when I was at work, against my wishes of
being present and attempted cut the stumps down and to clean up the
thick layer of sawdust in the area. They piled the sawdust in piles on
the edge of my yard in a completely unacceptable area.
That was the last straw so I called the office and fired the company.
Told them never to return.
I've had ten other trees removed from my property. Five that I did and
five that I had another company do. Those ten trees didn't create as
much mess or damage as this guy did with these three.

I sent them 800.00 of a 1200.00 invoice. Held the bal to cover repairs.
Got a phone call from their office a few days later to call the owner of
the co (who is the one that did the job, causing the damage). I thought
he wanted to discuss options to settle the matter so I called.
I hardly got a word in edgewise. He proceeded to cuss me out, call me
an asshole, tell me I was a deadbeat, threaten me and tell me that there
were collection agencies for people like me. I asked him about my
damaged property and he informed me that he didn't give a f**k about my
property and that he could have hired 4 ni**ers to do the job for less
and that he'll see me in court. I said I'd see him there and hung up.
I recorded parts of this conversation.
Against my desire to go to his place of business and tear his white
trash, racist head off, I instead decided to follow the legal route. I
called the cops, filed a report on the threat and will proceed to file a
restraning order in a day or two when I have the chance.

So, my question is: Is it ok to withold part of the payment due him to
cover repair costs? He has insurance that I may use but I'm still going
to hold the bal until repairs are completed to my satisfaction. You
know how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA

I would first pursue this through his insurance company and also notify
your own, provided you have coverage for the shed. Take good pictures
of the damage. Withhold the remaining payment until the issue is
resolved. Make sure to have good documentation/bills for any repairs
made, the new rake, etc.

As far as contacting the police and restraining orders, what exact
threats did he make? Did he threaten you physically? Unless he did,
simply calling you some names and demanding payment is normally not a
criminal matter.

I would stop paymnt on the first check if it is not to late now, and
get bids on making things right . You say he has insurance, well how do
you know, did he present you with proof of insurance, insurance certs
can be changed-forged. You need to talk to his broker and inform them of
your claim. Check with the city for all proper bonding and lisences. A
restraining order will help to show you are serious. Don`t worry about
his collection agency threats, if he is legal, lisenced and insured and
the damages are less than 400 fix things yourself. Get several written
bids for all repairs. If more than 400 for apx 35$ file in small claim
that will shut him up. If he threatens with any thing like a Lien or
anything more you should file small claim anyway to let a judge resolve
the issue. You dont need or want a lawyer for this or small claims. See
if he is completly legal, stop pay, get bids, and file your restraining
order. Hacks like that need the action you are already expecting to do
and have taken. Keep your phone recorder on Auto answer. I had a guy I
stopped payment on and with my auto on recorder I was lucky, because the
first words out of him when I answered were a threat I played back to
the police, without Auto on I would never have had the time to push the
buttons. He is a hack-crook, treat him as one, and keep taking the
first step legally as you have done, to beat him to the punch.

Oh, and another very important point. I'd check your state laws on
recording phone conversations before you tell anyone, especially the
police, that you have them. In some states it's a criminal offense to
record phone conversations without the consent of both parties. You
could wind up in a lot more trouble than the contractor.

betruger wrote:

Don't deal with him, call his insurance company. If he does not have an
insurance company check locally, many places require contractors to have
insurance. Too bad some don't. Also check with your insurance company.

If it turns out he does not have insurance coverage, then consider this
a lesson about checking on contractors you hire and maybe if your local
government does not require insurance, maybe it is time to start asking why
not.

--
Joseph Meehan

26 + 6 = 1 It's Irish Math

I think YOU should initiate the small claims case, he likely won't since he
knows he is in the wrong. he ma may destroy your credit if he turns you over
to collections. I bet once you have him served with the court papers he will
change his tune. I would also jack up prices as high as possible on
everything since he was such a prick on the phone. the publicity on his
business will be devastating if he doesn't settle quickly.

--
Be cool,
Longshot

Don't deal with him, call his insurance company. If he does not have
an
insurance company check locally, many places require contractors to have
insurance. Too bad some don't. Also check with your insurance company.


this is good advice, let your insurance company fight his insurance company.
that way the lawyers are free.

G. Morgan wrote:

Subject: How would you handle this situation?
Newsgroup: alt.home.repair
= G. Morgan = wrote:


Check your email. I sent you something that might not be a good idea to post
public.



Okay the email bounced. Send me an email, I have important news for you.

(remove both 'snails' from my addy.)



Email sent. Thanks.

Phisherman wrote:

I would attempt to talk to him the option about having the repair work
cost deducted from the total invoice at a reasonable price or see him
in small claims court. The first option is much better for both
parties but if you go to court provide all the evidence including
pictures taken soon after the incident and bank statements. Contact
your home insurance agent.


I'm finished talking to that a_hole personally although I did consider
talking to the office about it.
I may do that.
Everything is already documented.

wrote:

I would first pursue this through his insurance company and also notify
your own, provided you have coverage for the shed. Take good pictures
of the damage. Withhold the remaining payment until the issue is
resolved. Make sure to have good documentation/bills for any repairs
made, the new rake, etc.

As far as contacting the police and restraining orders, what exact
threats did he make? Did he threaten you physically? Unless he did,
simply calling you some names and demanding payment is normally not a
criminal matter.


He said he was going to come over and jerk the payment out of me.
Hah. He'll be very dead if he were to try.

wrote:

Oh, and another very important point. I'd check your state laws on
recording phone conversations before you tell anyone, especially the
police, that you have them. In some states it's a criminal offense to
record phone conversations without the consent of both parties. You
could wind up in a lot more trouble than the contractor.


In this State, it is illegal so....yes,
the recordings are useless.

longshot wrote:

I think YOU should initiate the small claims case, he likely won't since he
knows he is in the wrong. he ma may destroy your credit if he turns you over
to collections. I bet once you have him served with the court papers he will
change his tune. I would also jack up prices as high as possible on
everything since he was such a prick on the phone. the publicity on his
business will be devastating if he doesn't settle quickly.


I considered initiating the suit. I may still do so. My time to repair
will be 20.00 /hour plus materials.
I don't think he knows he is in the wrong. I think he feels that he is
in the right. I really do.

Joseph Meehan wrote:

betruger wrote:

Don't deal with him, call his insurance company. If he does not have an
insurance company check locally, many places require contractors to have
insurance. Too bad some don't. Also check with your insurance company.

If it turns out he does not have insurance coverage, then consider this
a lesson about checking on contractors you hire and maybe if your local
government does not require insurance, maybe it is time to start asking why
not.


I got his insurance papers before I hired him. Standard procedure for me.

Photos are necessary, dont jack up any prices as someone else
suggested, be far and get bids, 3 is best.

Recording conversations will not get you in trouble as most states
require One party be agreeing to the recording and that is you. If
questioned as to why you recorded him, your answer to that is it is for
contract verification, changes , and protecton.

Keep your insrance co out of it . Any claim can raise your rates.

You may have more than 400 damage but wont know till you get bids,
stop pay on the original 800 now if you can till you know your costs to
make everything fair and right, not at inflated prices or costs, of
course. I have done this many times with success with hacks.

Photo everything of importance.

m Ransley wrote:

I would stop paymnt on the first check if it is not to late now, and
get bids on making things right . You say he has insurance, well how do
you know, did he present you with proof of insurance, insurance certs
can be changed-forged. You need to talk to his broker and inform them of
your claim. Check with the city for all proper bonding and lisences. A
restraining order will help to show you are serious. Don`t worry about
his collection agency threats, if he is legal, lisenced and insured and
the damages are less than 400 fix things yourself. Get several written
bids for all repairs. If more than 400 for apx 35$ file in small claim
that will shut him up. If he threatens with any thing like a Lien or
anything more you should file small claim anyway to let a judge resolve
the issue. You dont need or want a lawyer for this or small claims. See
if he is completly legal, stop pay, get bids, and file your restraining
order. Hacks like that need the action you are already expecting to do
and have taken. Keep your phone recorder on Auto answer. I had a guy I
stopped payment on and with my auto on recorder I was lucky, because the
first words out of him when I answered were a threat I played back to
the police, without Auto on I would never have had the time to push the
buttons. He is a hack-crook, treat him as one, and keep taking the
first step legally as you have done, to beat him to the punch.


I'm going to call his insurance co. I don't know how to file a suit. I
never did it before.

I don't think you can charge for your own time. you can however pay a buddy
$20.00 per hour to do the work. wink wink

--
Be cool,
Longshot
"betruger" wrote in message
...
longshot wrote:

I think YOU should initiate the small claims case, he likely won't since
he
knows he is in the wrong. he ma may destroy your credit if he turns you
over
to collections. I bet once you have him served with the court papers he
will
change his tune. I would also jack up prices as high as possible on
everything since he was such a prick on the phone. the publicity on his
business will be devastating if he doesn't settle quickly.


I considered initiating the suit. I may still do so. My time to repair
will be 20.00 /hour plus materials.
I don't think he knows he is in the wrong. I think he feels that he is
in the right. I really do.

"betruger" wrote in message
So, my question is: Is it ok to withold part of the payment due him to
cover repair costs? He has insurance that I may use but I'm still going
to hold the bal until repairs are completed to my satisfaction. You know
how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA

Payment for services is different from damage he may have done. You pay for
the services and contact his insurance company to make a claim for damages.

While withholding payment seems like a good and logical way to take
compensation, the law says otherwise. You can also file in small claims
court easily and cheaply.

"m Ransley" wrote in message
...
Photos are necessary, dont jack up any prices as someone else
suggested, be far and get bids, 3 is best.

I wasn't suggesting he rip him off, but I would want to figure in the hassle
& time involved plus court costs into the payment. simply getting a few bids
& submitting the higher ones, then doing the work yourself would likely
cover it.


Rob

True you should pay first, but if he doesnt have insurance or they deny
your claim because the tree cutter denies damage, them holding payment
till the dispute is resolved is best for the least problems to the
homeowner. Keep your insurance co out of it, they can use any excuse to
raise your rates or worse, drop you.

INSURANCE: A homeowner can't usually talk to a contractor's broker.
Well, you can talk to them but you cannot make a claim against his
insurance. Only he can do that.

What you can do is to call your homeowner's insurance and tell them
about the damage to your property. They in turn will pay you and then
pursue his insurance company for reimbursement.

The problem with this approach is, depending on your deductable, you
may end up paying more out of pocket by alerting your insurerer than
what the damages are worth.

WITHHOLDING PAYMENT: In many states it is illegal to withhold payment
from a contractor without first

a)Making full payment on the portions of work completed and with which
there is no dispute
b)Notifying the contractor within 7 days of the receipt of his bill for
services that there is a dispute and just what the dispute is.
c)Failing to follow this proceedure can cause you be be fully liable
for all financial claims by the contractor, have to pay interest on any
money withheld, and having to pay for court costs and attorney's fees by
the contractor to collect his debt.
d)It can be a criminal offense to stop payment on a check in some
places.

SMALL CLAIMS: You could proceed via small claims court but it will cost
you to do so and there is no guarantee you will win. Even if you are
100% correct people lie and judges don't know when they are lying
especially when the lies are corroborated by witnesses. If this fellow
has his employees show up and they say the rake was already broken and
that your shed roof was already damaged, you could be fully out of
luck. Magistrates and small claims judges don't even want to waste
their time with cases like these in most situations and may be irked
with you simply because yu brought the case to trial.

CONTRACT: What does his contract say about damage from falling trees or
branches? Some tree men will fully disclaim any and all responsibility
for damages from falling trees or branches and also not warrant any
damages to your property from their heavy equipment in mud. If your
contract agreement has a no damage clause, then you have no case.

Personally,and for the amount of damage that is involved, you may just
wish to swallow this loss and chalk it up to experience...

It could cost you more to pursue any action and you coudl come away
empty handed.


--
manhattan42
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Do NOT contact your insurance company. Why would you be giving them a
reason to raise your rates when it should be the other person or their
insurance company who has to pay?

Take them to court. Judy Judy should rip them a new one.

manhattan42 wrote:

INSURANCE: A homeowner can't usually talk to a contractor's broker.
Well, you can talk to them but you cannot make a claim against his
insurance. Only he can do that.

What you can do is to call your homeowner's insurance and tell them
about the damage to your property. They in turn will pay you and then
pursue his insurance company for reimbursement.

The problem with this approach is, depending on your deductable, you
may end up paying more out of pocket by alerting your insurerer than
what the damages are worth.

WITHHOLDING PAYMENT: In many states it is illegal to withhold payment
from a contractor without first

a)Making full payment on the portions of work completed and with which
there is no dispute
b)Notifying the contractor within 7 days of the receipt of his bill for
services that there is a dispute and just what the dispute is.
c)Failing to follow this proceedure can cause you be be fully liable
for all financial claims by the contractor, have to pay interest on any
money withheld, and having to pay for court costs and attorney's fees by
the contractor to collect his debt.
d)It can be a criminal offense to stop payment on a check in some
places.

SMALL CLAIMS: You could proceed via small claims court but it will cost
you to do so and there is no guarantee you will win. Even if you are
100% correct people lie and judges don't know when they are lying
especially when the lies are corroborated by witnesses. If this fellow
has his employees show up and they say the rake was already broken and
that your shed roof was already damaged, you could be fully out of
luck. Magistrates and small claims judges don't even want to waste
their time with cases like these in most situations and may be irked
with you simply because yu brought the case to trial.

CONTRACT: What does his contract say about damage from falling trees or
branches? Some tree men will fully disclaim any and all responsibility
for damages from falling trees or branches and also not warrant any
damages to your property from their heavy equipment in mud. If your
contract agreement has a no damage clause, then you have no case.

Personally,and for the amount of damage that is involved, you may just
wish to swallow this loss and chalk it up to experience...

It could cost you more to pursue any action and you coudl come away
empty handed.


Agreed. After considerable thought I have decided to pay the balance
due. The reality is that the work he did is worth more than the full
payment to him. His estimate was a good thousand
or 12 hunderd dollars lower than my next lowest bid.
I will then clain it against his insurance company. I have already
contacted them. I'm not going to involve my insurance co.
Not for this.
By doing this, I know that I will be in the right and clear. If they
don't fix it then I can fix it for only a hundred or two dollars and
some elbow grease.
It feels better this way.

I appreciate all the input from everyone.

betruger wrote:
Joseph Meehan wrote:

betruger wrote:

Don't deal with him, call his insurance company. If he does not
have an insurance company check locally, many places require
contractors to have insurance. Too bad some don't. Also check with
your insurance company. If it turns out he does not have insurance
coverage, then
consider this a lesson about checking on contractors you hire and
maybe if your local government does not require insurance, maybe it
is time to start asking why not.


I got his insurance papers before I hired him. Standard procedure
for me.

Good.

--
Joseph Meehan

26 + 6 = 1 It's Irish Math

m Ransley wrote:
Photos are necessary, dont jack up any prices as someone else
suggested, be far and get bids, 3 is best.

Recording conversations will not get you in trouble as most states
require One party be agreeing to the recording and that is you. If
questioned as to why you recorded him, your answer to that is it is
for contract verification, changes , and protecton.

Keep your insrance co out of it . Any claim can raise your rates.

I disagree. I have never had that problem. Over they years I have had a
claim or two and I have never had any indication of an increase based on any
claim. I would imagine it is different from authority to authority but I
don't believe where I am they are allowed to raise rates based on claims.


You may have more than 400 damage but wont know till you get bids,
stop pay on the original 800 now if you can till you know your costs
to make everything fair and right, not at inflated prices or costs, of
course. I have done this many times with success with hacks.

Photo everything of importance.

--
Joseph Meehan

26 + 6 = 1 It's Irish Math

betruger wrote:


Agreed. After considerable thought I have decided to pay the balance
due. The reality is that the work he did is worth more than the full
payment to him. His estimate was a good thousand
or 12 hunderd dollars lower than my next lowest bid.

I applaud your forthrightness in admiting that part avbout the "lowest
bidder" and realizing that in hiring folks to do jobs like that you are
lucky if you get what you pay for, more often you have to settle for
less than you expected to get.

I will then claim it against his insurance company. I have already
contacted them. I'm not going to involve my insurance co.
Not for this.

Another wise decision...

By doing this, I know that I will be in the right and clear. If they
don't fix it then I can fix it for only a hundred or two dollars and
some elbow grease.
It feels better this way.

You've just confirmed again what Confucius said, "If rape is inevitable,
just lie back and try and enjoy it."

Jeff

--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"As long as there are final exams, there will be prayer in public
schools"

clipped
Against my desire to go to his place of business and tear his white
trash, racist head off, I instead decided to follow the legal route. I
called the cops, filed a report on the threat and will proceed to file a
restraning order in a day or two when I have the chance.

So, my question is: Is it ok to withold part of the payment due him to
cover repair costs? He has insurance that I may use but I'm still going
to hold the bal until repairs are completed to my satisfaction. You
know how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA

Did he give a written bid prior to doing any work? If so, is there a
statement about damages? Removing waste?

First, I would file a complaint against his license, if he has one.
Then file claim for damage and cleanup with his insurance co. Then I
would check with an attorney about withholding payment and recording the
call. Write out what transpired and take photographs of damage and the
mess he left. Folks here who do lawn/landscape work are required to
remove waste and take it to the dump - homeowners who do their own work
can leave it at the curb (in manageable bundles) for the city to pick up.

I guess a person can risk going to small claims court without attorney
advice, especially with photos of damage and the mess he left, but I
would not advise anyone one way or the other on that point.

Again,
You normally cannot make a claim against someone else's insurer. They
do not represent you, they represent the one's who pay their premiums.
In this case, the contractor.

You do not have a contract with that contractor's insurer and they are
under no obligation to pay you.

In this case, only the contractor can file a claim with his liability
insurer.

It will then be the contractor's liability insurance company's
responsibility to defend him from any legal claims you bring.

This is why if you approach any insurance company for satisfaction, it
has to be your own. They can pay for your claim (less your deductible)
then file suit against the contractor and his insured to be
reimbursed.

If you do not wish to involve your own insurance company, your only
option is to take the contractor to small claims court, represent
yourself or hire your own attorney at your own expense, and battle
against the contractor and his insurance company provided attorneys who
will do their best to make sure you lose.

Again, the simplest solution here is to chalk it up to experience and
move on.

Regards.


--
manhattan42
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"Jeff Wisnia" wrote

You've just confirmed again what Confucius said, "If rape is
inevitable, just lie back and try and enjoy it."

Can you provide a reference for that "quote"?

Or would you like to take this chance to apologize?

That is simply disgusting, and you should know better.

-- females repair homes too.

Norminn wrote:

clipped

Against my desire to go to his place of business and tear his white
trash, racist head off, I instead decided to follow the legal route.
I called the cops, filed a report on the threat and will proceed to
file a restraning order in a day or two when I have the chance.

So, my question is: Is it ok to withold part of the payment due him
to cover repair costs? He has insurance that I may use but I'm still
going to hold the bal until repairs are completed to my satisfaction.
You know how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA


Did he give a written bid prior to doing any work?
Yes


If so, is there a
statement about damages?
No


Removing waste?
Said waste would be removed


First, I would file a complaint against his license, if he has one. Then
file claim for damage and cleanup with his insurance co. Then I would
check with an attorney about withholding payment and recording the
call. Write out what transpired and take photographs of damage and the
mess he left. Folks here who do lawn/landscape work are required to
remove waste and take it to the dump - homeowners who do their own work
can leave it at the curb (in manageable bundles) for the city to pick up.

I guess a person can risk going to small claims court without attorney
advice, especially with photos of damage and the mess he left, but I
would not advise anyone one way or the other on that point.

manhattan42 wrote:

Again,
You normally cannot make a claim against someone else's insurer. They
do not represent you, they represent the one's who pay their premiums.
In this case, the contractor.

You do not have a contract with that contractor's insurer and they are
under no obligation to pay you.

In this case, only the contractor can file a claim with his liability
insurer.

It will then be the contractor's liability insurance company's
responsibility to defend him from any legal claims you bring.

This is why if you approach any insurance company for satisfaction, it
has to be your own. They can pay for your claim (less your deductible)
then file suit against the contractor and his insured to be
reimbursed.

If you do not wish to involve your own insurance company, your only
option is to take the contractor to small claims court, represent
yourself or hire your own attorney at your own expense, and battle
against the contractor and his insurance company provided attorneys who
will do their best to make sure you lose.

Again, the simplest solution here is to chalk it up to experience and
move on.

Regards.


Especially for the small amount involved.

Now aren't you just a jump-to-conclusions type! I'm sure he wasn't implying
that every woman should just lay there and accept it. Besides what if the
person getting raped was a male?

I have heard this quote before but have never researched it to find out if
it is real!

Also in this situation it is not of a sexual nature but rather trying to see
the brighter side of getting screwed by a contractor who underbids everyone
else and then tries to make up for it by doing shoddy work. I have seen it
many times!

And yes you are right, females repair homes too!! and most do a exceptional
job of it to!
(just a little "YOU GO GIRL!!" in it for ya)


"Julie" wrote in message
...
"Jeff Wisnia" wrote

You've just confirmed again what Confucius said, "If rape is
inevitable, just lie back and try and enjoy it."

Can you provide a reference for that "quote"?

Or would you like to take this chance to apologize?

That is simply disgusting, and you should know better.

-- females repair homes too.

Outstanding! Somebody who actually does what
many of us realize we should have done.

I would find out where he lives and take **** on his front porch then call
him the next day and tell him that is his payment

betruger wrote:

Long story short, I hired a contractor to remove three trees from
my property and in the process he caused damage beyond the usual yard
dings from falling limbs and trunks. He dropped a limb on my shed,
breaking the shingles and wood sheeting. Dropped a limb on my yard
rake, shattering it. Tried to hide both damages until I confronted him.
He said, 'well the roof was old anyway'. It was but it was completely
intact. He purchased in inferior POS rake to replace my broken one
telling me that's all Home Depot had.
That was a lie because I stopped at the same HD the same day and
bought my replacement that was identical to my old one.

Came out on the wettest, muddiest day of the year and tore up my path
to the woods with his equipment. I'll never get my yard tractor back
to my compost area. Left large logs scattered back in my woods.
At this point I called his office and told them they were not to
return to complete the job unless I was present.

They returned the next day when I was at work, against my wishes of
being present and attempted cut the stumps down and to clean up the
thick layer of sawdust in the area. They piled the sawdust in piles
on the edge of my yard in a completely unacceptable area.
That was the last straw so I called the office and fired the company.
Told them never to return.
I've had ten other trees removed from my property. Five that I did
and five that I had another company do. Those ten trees didn't create
as much mess or damage as this guy did with these three.

I sent them 800.00 of a 1200.00 invoice. Held the bal to cover repairs.
Got a phone call from their office a few days later to call the owner
of the co (who is the one that did the job, causing the damage). I
thought he wanted to discuss options to settle the matter so I called.
I hardly got a word in edgewise. He proceeded to cuss me out, call me
an asshole, tell me I was a deadbeat, threaten me and tell me that
there were collection agencies for people like me. I asked him about
my damaged property and he informed me that he didn't give a f**k
about my property and that he could have hired 4 ni**ers to do the job
for less and that he'll see me in court. I said I'd see him there and
hung up.
I recorded parts of this conversation.
Against my desire to go to his place of business and tear his white
trash, racist head off, I instead decided to follow the legal route.
I called the cops, filed a report on the threat and will proceed to
file a restraning order in a day or two when I have the chance.

So, my question is: Is it ok to withold part of the payment due him
to cover repair costs? He has insurance that I may use but I'm still
going to hold the bal until repairs are completed to my satisfaction.
You know how insurance companies are.
Should I let it go to court?
Any other advise for a situation like this?
TIA

longshot wrote
this is good advice, let your insurance company fight his insurance company.
that way the lawyers are free.

==================

Good advise only if the homeowner doesn't object to having a claim on
his insurance record. Insurance companies "ding" you whenever you
cost them money. Is the money they spend on lawyers and other
administrative costs associated with such a claim any different from
the money they spend on actual repairs?

Maybe his rates won't go up based upon this one incident, but it still
counts as a "claim." If his company only allows one claim per year,
and he makes this "claim", and then a spring hailstorm hits him next
month - what does he do? Not file his $6,000 hail damage claim
because he already wasted this year's claim on a chump-change little
$200 dispute and he doesn't want to be dropped or go into a higher
risk category?

Julie wrote:
"Jeff Wisnia" wrote

You've just confirmed again what Confucius said, "If rape is
inevitable, just lie back and try and enjoy it."


Can you provide a reference for that "quote"?

Or would you like to take this chance to apologize?

Wow! now I know how Lawrence Summers must be feeling.

Sure, if it helps, I'm sorry that you misinterpreted the metaphor and
thought it demeaning to women.

That is simply disgusting, and you should know better.

I do know better about what's disgusting. If I'd said, "If G-d wanted
women to understand complex machinery he would have given them brains
instead of boobs", THAT would have been disgusting.

-- females repair homes too.



Hmm, why do I hear about so many more female "home wreckers." than "home
repairers". G

Peace,

Jeff

--
Jeffry Wisnia

(W1BSV + Brass Rat '57 EE)

"As long as there are final exams, there will be prayer in public
schools"

"Jeff Wisnia" wrote
Julie wrote:
"Jeff Wisnia" wrote

You've just confirmed again what Confucius said, "If rape is
inevitable, just lie back and try and enjoy it."


Can you provide a reference for that "quote"?

Or would you like to take this chance to apologize?

Sure, if it helps, I'm sorry that you misinterpreted the metaphor and
thought it demeaning to women.

Well then, I am sorry that 1) you needed to "quote" Confucius as saying
such a thing, and 2) you think rape is acceptable as a humorous analogy.

Look, I don't mind the usual mindless "women are home wreckers" joking
that goes on here, but rape just isn't something you joke about, nor
attribute to a deep mind. It goes "plonk" on both fronts.

On Mon, 07 Mar 2005 11:42:33 GMT, betruger wrote:

Long story short, I hired a contractor to remove three trees from
my property and in the process he caused damage beyond the usual yard
dings from falling limbs and trunks.

I come late into this thread andf haven't read all the responses. My
suggestion is that, before anyone lets a contrator do major work on
the property, it may be a good idea to take as many digital photos as
possible of the original condition on the property. Use the current
newspaper with headlines as part of the image to establish the date in
the photos. Perhaps do a video record too. This will solve a lot of
"I said you said" disputes.