I'm so sick of this. Our legal system is so one sided its pathetic. We have a customer who's pool deck we installed refuse to pay, and there is absolutely nothing wrong with the deck. We've had industry professionals out there and side with us. I've heard numerous stories from other contractors having the same scam pulled on them. One of the contractors said they'd finished a job and the customer actually said "Nicely done, but I'm not going to pay you." and they guy just looked at him and asked "Why? How could you not pay me?" and the customer (a lawyer no less) replied "Because that's the way the system is set up. Go ahead, lein my house, try to sue me, you'll be out more than what you're out now." The contractor walked away and never got paid. It doesn't matter what you do as a contractor to protect yourself either. Even the best laid contract hardly stands a chance in court. And even if you win, they still don't pay. The burden of collecting is still in your lap. It's pathetic. Does anyone know if we can at least report this guy to the credit reporting agencies and at least have it show up as a black mark on his credit report? Or how about a website where I can post his name and address, so the next contractor out there can research and find out they don't want to do anything for the guy?! Because if there isn't a sight like that, I'm going to start one. -Fed up in Minnesota

I understand what you are saying. That is a bunch of crap! Have you tried this approach, using a collection agency. Also, if you put a judgement on them then that shows up on their credit report and if they ever try to refinance their house or sell it, then you get paid first. A judgement will last 20 years. Also, I have a website that I have started for contractors...www.homerepairusa.com. This is a site that contractors can advertise for free and I am working on other tools for the site right now, but if this is something the you guys could really use is a history on customers that have SCREWED YOU, I could see about working that into the site.


Adam

We're visiting with a lawyer tomorrow. We're so frustrated with the whole situation, that we're almost thinking about taking this guy to civil court. We probably still won't win, even thought it seems everything is in our favor. How do you put a judgement on them? Or is that what happens when you take them to court? We were going to file a lein, but because we didn't file a "prelien" it won't hold up and we can't perfect it. I just want a site where any contractor can list the names, address, reason and amounts owed that customers withheld or didn't pay without reason so next time I get a client I can research it and if their names appear on the list, I'm walking away from the job.

I would recommend asking an expert on this subject. Go to http://www.constructioncommando.com for more information. Construction Commando is set up to help contractors with their office work including liens and judgement collection. To my knowledge it is the only such company around.

How did this end up working out?

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Robin Wever, Property Manager
CB Richard Ellis/Oklahoma

From what I understand you can place a lien on the persons property (maybe this is only commercial) so that they cannot sell without paying the debt. You can also contact the registrar of contractors for mediation dispute and perhaps force the person to pay the bill if the job was done correctly. Unfortunately if someone decides not to pay or files bankruptcy there is little that can be done, but that is why it is very important to structure the deal in a way that does not put the project owner or contractor at to much risk. I would not be comfortable with anything but a smaller draw system that gives money for a segment of work as the project progresses. That way if either the contractor leaves the job or the project owner decides not to pay neither person is out on a limb to far with risk. That is really the best way to have leverage in negotiation with the ongoing project. When you lose the leverage of that then the deal has a tendency to fall into a pure "trust" issue with no working leverage. Obviously we can all see how that works out on average. Not to good. Best to protect oneself on both sides of the fence if at all possible.

If someone told me that and disrespected me like that, I would take it out of his ass and deal with the consequences later.

Bottom line, they gotta pay. One way or the other.

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www.robsantana.com

Personally we had this same stuff happen and we are a pool company, so we changed the last draw to be due "before" we fill the pool. We have customers with beautiful pools that owe us $10,000 dollars... nice, huh. Or make your last draw $200 dollars or so, make them pay you when the cement truck appears for most of it and a final draw after saw cuts, and clean up, etc... Credit reporting is great, they really don't want that....

There is a new site called Business Beware. It is for the Businesses and Contractors to complain about the customers and jobs they had problems with. The customers have the Better Business Bureau to complain about us, but we dont have anything, til now.. You can look up customers in your area and see what has been said about them, but most of all it is your outlet for your business. Check this thing out at www.businessbeware.biz

need contractors view points -- Unlicensed builder who robbed other 8 home owners - Long story short retained builder to demolish and rebuild my house about 3 yrs. Due to incorrect grading construction was halted and re-started after 4 months, builder demanded increase of $65K on $300K contract, had no choice b’csse he had extra $50K form me. When construction was restarted after 6 months foundation wall collapsed b’case not build as per architectural plan, builder refused to take the blame even after verified and confirmed by 4 different professional structural engineers, builder knows he can get away by fraud, had to file for default for he did not responded to my 1st complain and then he hired lawyer. Later he refused to provide any documents and had to file for case management still refused, summoned his insurance agent and during agent’s deposition he confirmed builder refuse to get builder’s insurance but only got carpentry insurance. After 2 1/5 yrs of court battle he agreed to build complete the construction and refund over $100k of extra payments he has form me. And agreed to re-start construction within 30 days. Documents are in court. Still ignoring to start the construction. WHAT CAN I DO, NEED MY HOSUE AFTER 3 YEARS, BBB will not log complain, attorney general will not prosecute him, other builders were jailed by attorney general and DA for exactly what my builder did to me. WHAT CAN I DO NOW ? my email address njsanju@yahoo.com.

don't count on BBB they denied to log my complain when i filed aganist builder do have proof since i was the 1st one to file complain aganist builder

I would love to see a site where you can give the name, address, phone of non-paying customers. It happens enough to all of us, they start making excuses so they don't pay you when the job is completed and then to add the icing to the cake they threaten to report you to the BBB, or Angie's List. I do not believe in the BBB, they are just money hungry blood suckers, they want you to become memebers and charge you fees and then they claim there non-profit. No matter have legal and compliant your contracts are they always say, "The customer is always right", and the contractor always comes out as the underdog. I really hope you add a section on your site for "ROTTEN Non-paying Customers". Thanks Julia

Carmen, if you look in our rant section we have sections for both contractors and for customers to report unethical behavior. We do not play favorites on this site.

Carmen, there is a site where you can warn businesses about non-paying customers, it's called Business Beware. They also have a collection letter you can use and when you collect the money they don't charge you a percentage!