# Customer won't pay at end of job!



## ezassembly (Oct 10, 2007)

I entered into a a contract I drew up myself to assemble & install a few kitchen cabinets & wardrobes along with all the hardware.I own a small b In the contract it states that the contractor will complete project per drawings or prints provided by owner unless a change order is made. Well, we did the job for next to nothing because the owner was an interior designer and we were in hope it would result in more business. Well, on the cabinets in the kitchen they showed in the plans that the handles are supposed to be placed in the middle of each cabinet in which we did. Now there was one cabinet where they put the handle towards the top so that is where we placed it. Now they say it is wrong and should have been lower. Now the big issue is with the pax wardrobes, we did not receive any drawings or prints for these and was only told orally to make the handles level with the existing dresser handle in which we did. However, instead of installing them in the middle we placed them closer to the door end for easy opening and what most of prior clients had them placed. They went nuts and said we did it wrong and should have put them in the middle not on the end. So they refused to pay us anything unless i agreed to pay for new doors and come back and reinstall the handles plus delivery costs. However, in the contract it states that in the event of a dispute the contract will rule which stipulates drawings or prints of where they want them. I had to sign this contract to buy new doors and delivery costs in order to get a partial check. I was told I have 3 days to cancel it? Also, is it our fault where we put the handles since no drawings were given for the wardrobes and the contract states clearly in the event of dispute the contract shall rule. The best part is they want the work done without landlord knowing, They still owe us about 40%, can I put a lien on the house even though they are renters? What can I do? Thanks in advance for any advice, Please email me at [email protected]. Thanks sooooo much!!!!!!!!

:notworthy
Cheistopher​


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## Brickie (Jun 15, 2006)

What state are you in?????


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## Ed the Roofer (Dec 12, 2006)

ezassembly said:


> They still owe us about 40%,
> 
> *can I put a lien on the house even though they are renters?*
> 
> ...


It just may differ by State, but a Mechanics Lien is placed on the property title, not on the individual contractee, per se.

Yes, I believe that the property can be liened, but that should be discussed with a contract attorney familiar with the Lien laws in your State.

It seems as if you followed the contract near precisely, with the exception of getting "Written" change order approval for the different placements of some items.

It would seem obvious, barring any additional mitigating circumstances put forth by the other party, that your work has increased the value of the property.

Even though it is the tenant with the beef, you can either sue them in small claims court directly, or Lien the property, in which case, you will have to follow up with a Lien Judgement case anyways.

Ed


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## DavidC (Feb 16, 2008)

ezassembly said:


> The best part is they want the work done without landlord knowing, ​


If this is true you may have shot your foot. At least in my area if you work on a property w/o the owners knowledge and consent he is not liable for any payments to you and you cannot lien his property as a result of such work. You may in fact be liable to restore the property to original condition.

When working for tenants on rented property you must get written permission from the landlord.

An hour at you attorney's office should set you on the best path.

Good Luck
Dave


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## genecarp (Mar 16, 2008)

any prop can be liened, it may put enough heat on the tennants, via the landlord, to get your money. in the future, always discuss handle location with client, when you are ready to install. handles can get you in trouble


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## thom (Nov 3, 2006)

I don't think you can lien this one, in fact, knowing the tenants didn't own the property and not getting owner approval could be a case for the owner suing you for damages.

If I hire joe schmuck to paint your porsche with a roller, He doesn't get to charge you when I don't pay him.


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## TigerFan (Apr 11, 2006)

In Louisiana, you can lien the tenants property, which is the actual lease itself. The strength in that is you can have the tenant evicted if they don't pay your bill.

Check your lawyer for what your state does.

Also, I believe that in absence of a directive from the customer as to where they wanted the handles, they have to live with your best choice.

If you put the handles where they were on the prints, and the other handles had no prints and it was your best discretion as to where to put them, your tenant is wrong.

I think small claims court is your best bet.


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## GregS (Oct 1, 2006)

Wow, I cannot even install cable in a rental without a signed letter of permission from the building owner.

Also the fact that you got a 'promise' of future work.. Those are usually useless. Never make that agreement unless you actually have that future work written up and signed for.


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## Putty Truck (Oct 6, 2007)

One of my most common questions is "Are you the owner?"

If yes, fine.

If no, I have to talk with the owner first. I won't even talk with a apartment renter on the phone. The owner has to call.


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## straight line (Aug 27, 2006)

I would take them to small claims court.As long as both parties signed the contract,it should be a no brainer


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## GSE (Aug 24, 2007)

DavidC said:


> If this is true you may have shot your foot. At least in my area if you work on a property w/o the owners knowledge and consent he is not liable for any payments to you and you cannot lien his property as a result of such work. You may in fact be liable to restore the property to original condition.
> 
> When working for tenants on rented property you must get written permission from the landlord.
> 
> ...


In most states renters can not contract for work that will become part of the structure, you may have to restore the work at your expense, I would check with my attorney, and please don't fall for thet old BS line of future work, that alone should be a sign your dealing with a real winner.


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## deckman22 (Oct 20, 2007)

All I can say is you f'ed up working for a renter, NEVER do that.


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## Ed the Roofer (Dec 12, 2006)

Regarding Illinois ONLY:

Ed

B. Who is Included. The usual four categories of people and businesses affected by the Mechanics Lien Act are owners, lenders, contractors, and subs. However, because of the broad definitions of each of these according to the Act, it includes more than would be immediately obvious, such as the following:


Tenants, Architects, Engineers, and Property Managers: These categories can hold unusual dual capacities under the Act. On the one hand, they may sometimes form contracts that affect the owner's title and the mortgage. But they can also be contractors who are themselves entitled to file mechanics liens against the property.


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## ezassembly (Oct 10, 2007)

*Thanks Everyone! I Got Paid in FULL!!!*

I want to thank everyone for their great advice. I took a little from everyone here. I called a lawyer who I had done extensive work for and he explained that in NY that I could put the lien on the property even though they did not tell the landlord of the wor and he would be responsible with collecting or suing them. To make a long story short he asked for their # and when he called they got a little mouthy and he pointed out that they never gave exact instructions to where the handles were to go and he said any judge would ask why a interior design firm would be so careless and that he intended to file the lien and contact the landlord. Then they sang a whole other tune saying they were just about to call me to come up and p/u the check and knew they made the mistake but to please not take action that the check is here for him. Then my friend being the lawyer said " That was the amount before I was retained now I charged my client $200.00 which I believe you should also pay or we will let the system handle it. They agreed to the extra legal fees and he didn't take a cent he said he did it for me for all the aggrivation they caused me. This is a touchy business but I have found some real good people along the way, some I consider close friends now. Once again, thanks everybody!!!

EZASSEBLY:thumbsup:


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## DavidC (Feb 16, 2008)

Congratulations on the excellent results. And thanks for letting us know how it worked out.

Good Luck
Dave


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## threaderman (Nov 15, 2007)

I Love happy endings!


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## Ed the Roofer (Dec 12, 2006)

That Lawyer should be disbarred for acting so humanely to his client.

Keep that one, he will come in handy again in the future.

Thanks for getting back to us. Its nice to see a happy ending that didn't take years through the court system.

Ed


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## JBBS (Jan 17, 2008)

Chalk one up for the good guys!


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## Solrac (Jun 9, 2007)

So, before we close this thread... How would someone proceed with a commercial tenant interior? Does a contractor always have to require an Owner approval before doing any work?

The reason I'm asking is because theres a commercial building next to the one i'm working in now. They have a leak in their roof, being the tenants on the first floor. They have no roof access whatsoever and the only way up to their side of the roof would be from the alley across another tenants roof.

We've already had previous problems with the actual building owner before. He's been complaining about us since we've been building an addition directly adjacent to his property lines. He would call inspectors on a weekly basis, and yell at my subs from his rooftop not to ever think about trespassing or he would call the cops. - gotta love DC neighbors..


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## Mud Master (Feb 26, 2007)

Solrac said:


> So, before we close this thread... How would someone proceed with a commercial tenant interior? Does a contractor always have to require an Owner approval before doing any work?
> 
> The reason I'm asking is because theres a commercial building next to the one i'm working in now. They have a leak in their roof, being the tenants on the first floor. They have no roof access whatsoever and the only way up to their side of the roof would be from the alley across another tenants roof.
> 
> We've already had previous problems with the actual building owner before. He's been complaining about us since we've been building an addition directly adjacent to his property lines. He would call inspectors on a weekly basis, and yell at my subs from his rooftop not to ever think about trespassing or he would call the cops. - gotta love DC neighbors..


In commercial buildings, the owner is responsible for the roof & exterior unless otherwise noted in the lease agreement. The interior of each leasee's space is thier own responsibility. If it is a roof leak, chances are it's the owners responsibility to rectify the situation.


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