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Posted by sadie on May 19, 2007, 7:58 am
I hired a friend (unlicensed) to do repairs to my home. Although no time
limit was given, I did expect repairs to be completed within a year. He
started repairs Jan 05. Between Jan-Nov 05:I paid him $2500.00;
compensated him with loaning him my auto for six weeks, when his was
stolen;
supplied him with meals (too many to count);
ran numerous errands, which included agreeing to purchase City of Phoenix
permits for repairs he needed to do for his landlord on the apartment
complex's wiring that, was damaged during a thunderstorm;
accepted collect phone calls from the County Jail from him in order to
assist him in getting his release;
agreed to take out a loan for him when he asked me to pay the court a sum
of $3300.00, which was the amount the court said needed to be paid
before they would issue his release. He was arrested for non
payment/child support.
During the latter part of 2005, he worked less and less on my repairs.
Around Nov 05 the repairs were still incomplete, and it was at that time
that he abandoned my project. I tried to contact him by phone
everyday for at lease 3 weeks, but he did not return any of my
calls. I knew some men who were working with him on another job, and
they told me that he had stopped showing up on their job too.
After waiting for approximately 4 weeks, I hired someone else to complete
the repairs. Before my new repairman could start on my project, he had
to clean up the mess and garbage that was left behind. I notified him
via mail that it had become obvious to me that he was not going to
complete the repairs, that the locks were changed on the doors, and
that he could contact me to make arrangements to pick up materials left
behind (nothing worth any value) He wrote back after two months, and took
no responsib'ty for his actions, in fact, had the audacity to blame me
for his not completing the work. He stated that since I went
ahead and hired someone else, his job was complete, and I should
call him to make arrangements to discuss compensation owed him. I have
not contacted him in any way since.
A year after of abandoning my project, he showed up at my workplace in Jan
2007 asking me to meet with him to disucss the compensation he felt I
owed him. I told him that I would not meet with him, that he must
leave, and not to contact me again. I also told him that I did not
owe him anything since he quit the job, without the curteosy of a phone
call. He tired to argue with me stating that I fired himhe didn'y
quit, but I just turned away, and told him again not to contact me again.
MARCH 2007--I have refused 5 cert mail lets.
5/11/07 CERTIFIED LETTER SENT TO MY WORK PLACE (WAS OUT TO LUNCH WHEN MAIL
ARRIVED) supervisor TOLD ME IT WAS FROM xxxxx AND HE DID NOT ACCEPT IT.
>5/11/07 pm CALLED MY WORKPLACE TOLD RECEPTIONIST THAT AN OLD FRIEND WANTED TO
SPEAK WITH ME. ONLY AFTER I REFUSED TO SPEAK WITH THIS PERSON UNLESS HE
IDENTIFIED HIMSELF DID HE STATE HIS NAME. I ASKED supervisor TO TAKE CALL.
supervisor RELAYED TO ME THAT xxxx WOULD LIKE TO HEAR FROM ME BY 5 PM TODAY! HE
STATED THAT HE KNOWS THAT I AM SELLING MY TOWNHOUSE, THAT I AM CLOSING ON THE
24TH OF THIS MONTH BECAUSE HE SPOKE WITH MY REALTOR, AND IF I DO NOT CONTACT HIM
BY 5 PM HE WILL TELL MY REALITOR THAT I HAD A MOLD PROBLEM IN MY HOUSE (DUE TO A
PIPE BURSTING WHILE I WAS ON A TWO WEEK VACATION).
FACT: MY HOUSE IS NOT UP FOR SALE.
I DO NOT HAVE A REALTOR.
ANY MOLD IN THE TOWNHOUSE WAS TAKEN CARE OF.
MY NEIGHBORS, TWO HOUSES WEST OF MINE, HAVE THEIR HOUSE UP FOR SALE.
5/14 XXXX CALLED MY BOSS TO LET HIM KNOW I SHOULD EXPECT PROCESSS
SERVER TODAY. LEFT JOB WENT TO COURT AND WAS AWARDED RESTRAINING ORDER
(JUDGE COULDN'T BELIEVE IT). GOT SERVED ON WED... XXX WANTS 10K.
LISTED NUMEROUS INVOICES, NONE MORE THAN $750 EACH. I THINK HE BELIEVES
HE CAN AVOID BEING REQUIRED TO HAVE LICENSE DUE TO THE AMOUNT
BEING UNDER $1000.
HAD MY NEIGHBORS ADDRESS LISTED AS PLACE HE PERFORMED WORK AT. I WILL
WAIT THE 20 DAYS AND REPLY TO THE COURT THAT I AM NOT RESPONSIBLE DUE
TO FACT THAT I AM NOT THE LEGAL OWNER OF PROPERTY LISTED ONN
PAPERS SERVED ME. HE'LL HAVE TO DO MORE RESEACH, AND I AM THINKING
ABOUT HIRING ATTORNEY. ANY SUGGESTIONS OUT THERE?
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Posted by PeterD on May 19, 2007, 9:07 am
> I AM THINKING
>ABOUT HIRING ATTORNEY. ANY SUGGESTIONS OUT THERE?
It may be late to do this, but that is the *only* avenue for you at
this stage. What you did was foolish, you should never have let it go
to the extent that it has.
Get that lawyer NOW. He may well try to put a lien on the property,
and you must be prepared as if he does it will end up in court.
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Posted by sadie via HomeKB.com on May 19, 2007, 1:33 pm
I will be hiring an attorney this week to handle the matter, but what do you
mean when you said what I did was foolish? As far as letting it go, he
waited for over one year to contact me. I never received any bills or
invoices and I did asked him repeatedly to let me paid him for his work, but
he insisted that he would bill me when all the work was done.
PeterD wrote:
>> I AM THINKING
>>ABOUT HIRING ATTORNEY. ANY SUGGESTIONS OUT THERE?
>
>It may be late to do this, but that is the *only* avenue for you at
>this stage. What you did was foolish, you should never have let it go
>to the extent that it has.
>
>Get that lawyer NOW. He may well try to put a lien on the property,
>and you must be prepared as if he does it will end up in court.
--
Message posted via HomeKB.com
http://www.homekb.com/Uwe/Forums.aspx/construction/200705/1
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Posted by sadie via HomeKB.com on May 19, 2007, 1:48 pm
We never had a written contract, just an oral one. Who breached the
contract first? I believe abandoning the job for three weeks and not
returning any phone calls, and knowing that he had abandoned another job he
was working on, was a breach on his part. I don't know too much about
the law, but have read up on regulations with the ROC, this section
applies to work performed on projects costing over $1000 for labor and
materials:
32-1153. Proof of license as prerequisite to civil action
No contractor as defined in section 32-1101 shall act as agent or commence or
maintain any action in any court of the state for collection of compensation
for the performance of any act for which a license is required by this
chapter without alleging and proving that the contracting party whose
contract gives rise to the claim was a duly licensed contractor when the
contract sued upon was entered into and when the alleged cause of action
arose.
Either way, Looks like I will be hiring an attorney.
sadie wrote:
>I will be hiring an attorney this week to handle the matter, but what do you
>mean when you said what I did was foolish? As far as letting it go, he
>waited for over one year to contact me. I never received any bills or
>invoices and I did asked him repeatedly to let me paid him for his work, but
>he insisted that he would bill me when all the work was done.
>
>>> I AM THINKING
>>>ABOUT HIRING ATTORNEY. ANY SUGGESTIONS OUT THERE?
>[quoted text clipped - 5 lines]
>>Get that lawyer NOW. He may well try to put a lien on the property,
>>and you must be prepared as if he does it will end up in court.
--
Message posted via HomeKB.com
http://www.homekb.com/Uwe/Forums.aspx/construction/200705/1
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Posted by Aardvark on May 19, 2007, 1:59 pm
On Sat, 19 May 2007 17:48:57 +0000, sadie via HomeKB.com wrote:
> We never had a written contract, just an oral one.
An oral contract isn't worth the paper it's written on.
--
Registered Linux User 413057.
Both Mandriva 2007 and Ubuntu 6.06
You can have it all. My empire of hurt.
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