# Mandatory Non-Binding Arbitration Hearing Was Yesterday And The Verdict ...



## Ed the Roofer (Dec 12, 2006)

Warning in advance. This wound up being longer than I envisioned when I first started typing.

Ed



Yes, finally after finishing everything I could on a project from 25 months ago, the arbitration hearing was held yesterday at the old Kane County Judicial Center in downtown Geneva, Illinois.

FYI. In Illinois, if the dollar amount is above $10,000.00 and less than $30,0000.00 this is a required step in the lawsuit process.

Non-Binding, because either party can pay a $ 262.00 fee within 30 days of the hearing and verdict and put aside the ruling to continue on to actual trial before a judge. If they file their rejection of the decision after 30 days, or do not object, the parties are then obligated to the arbitrators decision, which is composed of a panel of 3 attorneys rendering a decision. Then it becomes a Binding Decision. 

Brief Summary: (It did not wind up being "Brief")

Submitted estimate in September of 2003.

I advised that they had hail damage and should be covered by home owners insurance policy. They had current ongoing leaks from their roof at this time in 2003, which probably were going on for quite a long time, to permeate through 3 layers of asphalt shingle roofs and one layer of 1/4" fiberboard lain on top of the skip sheathing deck, which we were not able or allowed to observe and verify, but I wrote up the strong possibility that this situation may exist and may require full plywood decking to be installed on top at an additional charge.

By the way, when that 1/4" fiber board became apparent, I wrote up an Update To Specification Change order that it must be removed for an additional 50 cents per square foot, since it was not visible during the estimate inspection and would now need the plywood decking to be instaled at a cost of an additional $ 2.00 per square foot. 

They were denied, but failed to follow up on the "Appraisal Clause" in the typical policy as I informed them they were due. They would have won with the photos and weather documentation reports I had. They did not listen.

2 1/2 years later, January of 2006, they decided they still need to have the work done and want to get on my schedule, but did not know what color and style of shingle they wanted yet. 

Contract amount of $17,786.00 with approximately 1/3rd down payment of $6,000.00 made at that time, January 17th, 2006. This is for an approximate 38 square 16/12 pitch roof on a 100 year old Tudor style house, based on the observed 3-Layer asphalt shingle tear-off.

Husband keeps calling about every 1-2 months wondering when we are going to get started. I ask if they decided what product they wanted installed yet. No, the wife has not made up her mind yet. Sorry, we can not start or even schedule a tear-off without knowing what we need to order and install. 

Finally, September 23rd of 2006 wife calls and lets my secretary know what the choice is. Since it has been 3 years since I showed them the samples, I want to meet in person and show her that color to confirm, which we met on October 3rd, 2006 for confirmation.

We began on the project on October 30th and proceeded to find a spaced board skip sheathing deck substrate, which now would require a full plywood decking overlay, using 13 sheets of plywood. There was substantial plank board decking and rafter and soffit and fascia rot needing replacement also.

Total extras were just under $ 12,000.00 

The home owner was supposed to come up with the next 1/3rd payment upon start of the project. He staled awaiting a supposed large commission check. One week went by with a promise that it would be available the next week. Finally, the next week Friday, instead of the next $ 6,000.00 payment, he only comes up with $ 1,000.00.

I inform him that he needs to comply with the payment terms. He says he doesn't have the funds. 

I write up a very professional 12 month payment plan, with Zero percent interest, as long as all payments are made as scheduled and agreed, with an acceleration by default provision clause added, in the event that any payment were paid late, which would bring the entire total amount due immediately.

He refuses to sign to that agreement, using a delaying tactic that he wants to get approval from his attorney. He states that his attorney advises not to sign the Zero percent 12 month payment agreement. 

I tell him that I feel his attorney gave him terrible advice and that I am now forced to cancel the contract due to breach of payment terms.

I tighten up the roof with tarps and 2" x 4"s for a long term winter of no leakage. I charge on my invoice for all of the tarping mitigation work required to prevent the possibility of future leakage, as well as 18 man hours to remove all of my equipment from the premises. Additional cost of approximately $ 2,400.00 just to pull off of the job.

All throughout the course of the job, I meet with the home owner husband and he signs the daily "Update To Specifications Forms", which is another way of saying "Change Order", but does not sound so ominous. He also sign off on the "In Job Progress For Customer Satisfaction" Forms, even on the end of the job, just before I inform him that we will be puling off of the job unless he comes up with the required past due, "On Job Start Payment".

Everything is acceptable and agreed in his own writing that 75% of the work is completed.

The following summer, after I have place a Perfected Mechanics Lien on his and her property within 60 days of puling off of the job, I see that the shingles are delivered to his driveway. Then I see some handyman remodeling company installing the shingles.

I inform the City Of Elgin Building Department, that the roofer doing the job is unlicensed. They say that the home owner came in and changed the building permit from my company's name to his own name and that he stated that he would be doing the roof by himself.

I guess that summary was not as brief as I intended, huh?

Well, yesterday each party has one hour maximum to present their side of the case, so it commenced at 1:00 am and concluded at 1:00 pm.

The 3 judge pane of Arbitrator's fax their decision to each sides attorney later in the afternoon.

Allowing for the previous $ 7,000.00 payments made, I was suing for around $ 20,400.00

The decision came back as an unanimous decision on my behalf for the full amount plus fees. Now, throughout this ordeal, I have incurred $ 8,500.00 in my own attorneys fees so far and they did not specifically address the attorney fees, just the general phrase, "Plus Fees".

I need to decide, if the other party does not file timely and object to the decision rendered, do I object to the decision to get a more favorable ruling from the actual trial judge?

I do have a proper and legally fair Attorneys Fee Clause in my contract, plus an Interest on pat due payment clause.

Should I pursue this and attempt to seek and then collect the additional $8,500.00 in attorneys fees, which will certainly go up substantially if we go to trial?

I am leaning in that direction, even if it is just as a punitive recourse to teach someone a lesson on how not to Fcuk with me. They intentionally attempted to defraud me and all extras were agreed to in writing.

What good is wining a $ 20,500.00 case, 2 years after I earned and deserved the money, if I have to deduct $ 8,500.00 for my attorneys fees, thereby only realizing about $ 12,000.00 in my bank account 2 years later.

I already have suffered great hardships financially due to the deceit and fraud and breach of contract by the home owners, so I prefer to go for the punitive actions and have them pay through their azz for a now losing cause to proceed with further legal consequences.

I hope this real life story aides someone else in their trials and tribulations.

Ed


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## Max Nomad (Aug 29, 2008)

In case everyone else that reads this ends up thinking about "what if that was me" in shellshocked silence, let me be the first to say Thanks for taking the time to write that post. Learning from the School of Hard Knocks ain't so bad when you occasionally get that lucky break to know how to spot a punch and block it. This caution sign was much appreciated.


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## Ed the Roofer (Dec 12, 2006)

Thanks Max. 

It's all about sharing experiences with your contractor brethren, whether they be good or bad experiences. 

I need a determination on the wording of what exactly, "Plus Fees" means.

My attorney currently thinks that they only "Inferred" filing fees, but I interpret that to mean All Associated Fees, including attorney fees.

I will get the actual written decision later today and do a bit of legal research on my own too.

Ed


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## rbsremodeling (Nov 12, 2007)

ED

*The arbitration board needs to clarify the additional fees in writing. *

The arbitration board is usually a bit more lenient towards contractors in the sense that they listen to the facts and usually have construction knowledge so their rulings are usually based on the actual facts backed up by having an understanding of the trades, how work is performed and how contracts are written and applied.

While I have been in front of trial judges an won. It is a much harder case to present. Their construction knowledge sometimes is limited and it makes it harder to present your case.

also you do not want to sit in front of a biased judge that hates contractors, heard and seen all the bad contractors or his mom, sister or aunt got scammed and pays no attention to the facts of the case.

If you are able to *get clarification on the arbitration ruling *and recover a portion or all of your attorneys fees to me that is the best that you can hope for and not incur any additional attorneys fees, time loss, stress etc.

I am glad your ruling was favorable I just testified in front of an arbitration board about a month ago and the contractor in my opinion had a clear cut case and still loss to the tune of about 20K.

As much as I would love for you to stick it to a home owner that cause you, your family and business grief. 

Take the win, plant your victory flag, do the contractor I kicked their ass strut and let it be.


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## tinner666 (Nov 3, 2004)

Keep kicking as RBS said. I think you'll end up with a lien on the house and no money until somebody dies.


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## mickeyco (May 13, 2006)

Having been down this road many times (I'm on it currently), I'd take what you can get and try to get the attorney's fees, especially if you need the money, that is unless they won't pay what has been decided, then I'd spare no expense in dealing with them knowing that I may lose it all. To me it's not worth the cost, time and aggravation to drag things out any longer then needed, I prefer settlements. The case we are involved in now involves a municipality and has been going for years and several judges, the longer it goes the more money we need to recover to come out on top or even.



.


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## SelfContract (Dec 6, 2007)

Truely an eye-opening experience, Ed. Thanks :thumbsup:


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## nlgutters (Dec 18, 2007)

Perfect timing

At 8:30 tomorrow morning i have to be in superior court. A big mess but a home owner hired a gc to build his 4 milion dollar house. Gc went bankrupt. Didn't really matter the job was cost plus. Homeowner wont pay claims he already paid the bill but dosent have proof. Now he says he over paid ( how you over pay on cost plus is beyond me). So the home owner is trying to get the lien off. And builder is trying to get it off his personal property. 

They still talk and hang out. The builder started a new company and home owner is hiring him to finish the garage.

Either way i have superior court tomorrow so hopefully i will come home with my christmas present 25K :clap:


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## Ed the Roofer (Dec 12, 2006)

My major preference is just to be done with it.

By the way, here is another kicker that added into the expense of my attorney.

The wife stated in her Declaratory Statement, that she had no knowledge or agreement with any portion of the contract.

She was attempting to be Recused from the Lawsuit, and these Declaratory Statements are under oath.

So, now in the arbitration hearing, she admits to meeting with me to choose and verify the shingle color and style. Doesn't that infer that she was aware I was going tp be putting a roof on with those shingles? 

I know perjury does not go far, because the courts will allow for individual rememberances and interpretations of the facts, but it was interesting.

The Rational behind that feeble attempt to be excluded from the actions, was due to the fact that she has a job as a flight attendant, with verifiable wages to be garnished.

The husband on the other hand, flies under the IRS radar.

The past 2 or more summers, he rented the local driving range. All of the fees from the golf ball rental are made in Cash.

He can change jobs instantaneously to keep skipping out on the wage garnishment.

Additionally, the Wife testified that the home is exclusively under her name and that the husband is not on title. I have the Land Records Search for their property and they are both on title. Another piece of False Evidence testified to under oath at the hearing.

Don't worry about me stretching this out just for a moral victory guys.

I much rather would prefer to not have to dwell on previous "Yesterdays" and look forward to more Tomorrows.

Ed


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## mickeyco (May 13, 2006)

Ed the Roofer said:


> My major preference is just to be done with it.
> 
> By the way, here is another kicker that added into the expense of my attorney.
> 
> ...



I got a good one for you, similar in that they hid her assets, happened in Kane county, my girlfriends family business (in Montgomery by the CAT plant) was ripped off by an employee, she embezzled half a million dollars (maybe more), she was eventually arrested, charged and had to serve less than a year in prison (I'd sit in a cushy jail call with cable TV and free meals for six months for half a million bucks). The judge was sympathetic towards her, turns my stomach even now. People that steal a TV at Wal Mart serve more time. Anyhow, she divorced her husband and put everything in his name so they couldn't recover any of the money, she's already out of jail and living with her ex-husband, hasn't paid a dime towards restitution and the court system could care less. Man do I hate a-holes.





.


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## Ed the Roofer (Dec 12, 2006)

Similar justice for when a Former employee who worked in my office found my Former rubber signature name stamper.

He issued checks to himself through my accounting program and then deleted the transactions.

This occurred in December of 2001. 

Then he quit all of a sudden. 

My former office administrator came in to help me close out the Year Ends with my accounting and discovered the missing checks and amounts when she was doing the bank reconciliation.

He tagged me for just a bit over $ 5,000.00 and when he was apprehended, he was court ordered to make restitution.

So far, I received One Check for $ 20.00 about 4 years ago.

Was that employee you spoke of the office manager? I believe I recall reading a story which sounds very similar about 2 years ago in the local Daily Courier Newspaper.

Ed


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## mickeyco (May 13, 2006)

Ed the Roofer said:


> Was that employee you spoke of the office manager? I believe I recall reading a story which sounds very similar about 2 years ago in the local Daily Courier Newspaper.
> 
> Ed


Not sure what her position was but it was about two years ago, of course now she's out enjoying the money she stole. I'd post her picture but she'd probably sue me and win.




.


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## Brock (Dec 16, 2007)

Wow! I am impressed how you chase after work no matter how high the hurdles are. Very impressive. Your post leads me to believe all you did was tarp it off and get 7 grand. Then you say you were 75% done, then you say shingles were delivered and a jackleg was slapping them down. I'm not at this point what you did or did not actually do for this customer, but if you just tarped it and mitigated (which is fancy for "tarping really good) and you recieved 7k why didn't you just let the jackleg finish it and not pursue anything else. 

Surely, you decked and roofed most of it and I am not comprehending what I am reading. If that is the case then I apologize to the O/P.


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## D.A.S.Anthony (Dec 3, 2008)

Thanks for sharing! Just goes to show, that you can never have enough paperwork. It seems you truly go above and beyond in your contracts and change orders and for percisely this reason. I would love to tell you to go after the attorney's fees here, but I think you smirk and walk away. You know who was right, and now they do too.:thumbup:


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## Ed the Roofer (Dec 12, 2006)

Brock said:


> Wow! I am impressed how you chase after work no matter how high the hurdles are. Very impressive. Your post leads me to believe *all you did was tarp it off and get 7 grand.* Then you say you were 75% done, then you say shingles were delivered and a jackleg was slapping them down. I'm not at this point what you did or did not actually do for this customer, but if you just tarped it and mitigated (which is fancy for "tarping really good) and you recieved 7k why didn't you just let the jackleg finish it and not pursue anything else.
> 
> Surely, you decked and roofed most of it and I am not comprehending what I am reading. If that is the case then I apologize to the O/P.



Isn't $ 7,000.00 the going rate for tarping a roof?

I know I read it on a thread here a while ago.

Ed


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## Kent Whitten (Mar 24, 2006)

Thank you Ed for that. I have had a few arbitration meetings myself and they ain't no fun. One went to court, one was settled. I wished neither happened. No one wins, all losers.

I hope you get your attorney fees. Sounds like you may have a good case for that, but my experience is that it's 50/50. It's better than nothing. 

Did your attorney not put that in the original filing? Asking for the attorney fees?

I hope everyone reads and understands that this *can* happen to you *at any moment.* Protect yourself!


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## Mike Finley (Apr 28, 2004)

Ed the Roofer said:


> Don't worry about me stretching this out just for a moral victory guys.
> 
> I much rather would prefer to not have to dwell on previous "Yesterdays" and look forward to more Tomorrows.
> 
> Ed


By all means don't dismiss the good that will be done by taking this as far as you can. 

People like this usually have harmed many in the past and the only thing that stops them and protects our fellow tradesman in our industry is somebody like yourself who stands tall and takes them to task.

Last year I had the satisfaction of derailing a customer who I suspect has a long history of screwing hard working tradesman in our industry out of final payment. I can sleep well at night knowing that I probably have helped my fellow peers by what I did by causing these people to most likely think twice when the opportunity presents itself again for them to try to screw somebody else.

My hats off to you and I hope you have the wear-with-all to see it through and teach them a good hard lesson. 

:notworthy


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## Brock (Dec 16, 2007)

Ed the Roofer said:


> Isn't $ 7,000.00 the going rate for tarping a roof?
> 
> I know I read it on a thread here a while ago.
> 
> Ed


Time to switch to blue roofing I guess.


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## Ed the Roofer (Dec 12, 2006)

Brock said:


> Wow! I am impressed how you chase after work no matter how high the hurdles are. Very impressive. Your post leads me to believe all you did was tarp it off and get 7 grand. Then you say you were 75% done, then you say shingles were delivered and a jackleg was slapping them down. I'm not at this point what you did or did not actually do for this customer, but if you just tarped it and mitigated (which is fancy for "tarping really good) and you recieved 7k why didn't you just let the jackleg finish it and not pursue anything else.
> 
> Surely, you decked and roofed most of it and I am not comprehending what I am reading. If that is the case then I apologize to the O/P.


Okay, I will stop being a Wise-Azz.

Firstly, "Mitigating" is legalese for tarping really good, but also, in my opinion, to ensure that the tarping is as good as or better than the roof that was previously in place.

I strongly suspected that once I pulled off the job due to their breach of the contract payment terms, that severe winter conditions could possibly come into play.

I had a vested interest to make sure that a simple blue tarp covering could withstand at least 3-6 months or more of being impervious to leakage, otherwise that could have been cause for a couter-suit on their behalf for additional damages and repairs.

Scope of work:

3,800 square feet of 16/12 pitch roof.

3 layers of asphalt shingles removed per estimate.

113 sheets of plywood installed over the skip sheathing, per an option and a signed and agreed to, change order in writing.

Several hundred feet of 1" x 6" rotted plank board skip sheathing decking removed and replaced.

One additional 1/4" fiberboard substrate removed, not observed during the estimate and signed for a change oder and agreed to in writing.

Several, "In Job Progress For Customer Satisfaction" forms gone over in detail and signed and agreed to by both parties.

Fee for the last day on the job to "Really" tarp up the roof and pull all of our tools and equipment off the job due to the breach in the payment terms of the contract.

Price charged for tarps and roof hooks and 2" x 6" and 2" x 4" boards left on the roof to secure the tarps, along with one safety fall arrest system.

I will find the thread that had photos from after we were done with the job, depicting the unusual fiber board substrate discovered under the 3 layers of asphalt shingles and post the link here later.

Ed


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## Brock (Dec 16, 2007)

Ed the Roofer said:


> Okay, I will stop being a Wise-Azz.
> 
> Firstly, "Mitigating" is legalese for tarping really good, but also, in my opinion, to ensure that the tarping is as good as or better than the roof that was previously in place.
> 
> ...


 
Gotcha, my apologies to Ed the Roofer. Sorry I didn't catch the tear off and decking was completed by your firm. Luckily for the customer and your ins. co. it didn't leak. Thanks for clarifying, but I'm sure I'm the only one that didn't catch what you actually completed. My bad.


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## Ed the Roofer (Dec 12, 2006)

bwalley said:


> File the judgement with the Clerk of the Circuit Court in the town they live in as well as any town they may own or attempt to own property.
> 
> Find out who they have a mortgage with and send them copies of the lien and judgement, most mortgage companies will not like a lien being on a property they hold a mortgage on and most boiler plate mortgages have wording that says they are to nt allow liens to be placed on the property.


 
Banks holding a mortgage run a credit check every year on their mortgagees, but I will follow up with that advice anyways, if the award did not get rejected, requiring it to still go to trial, just to be pre-emptive and shake their tree loose a little sooner.

Ed


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## Ed the Roofer (Dec 12, 2006)

Just an update.

I found out when I called my attorney last night, that the defendant exercised their right to Reject the findings of the Mandatory Non-Binding Arbitration 3 Judge panel, which had proclaimed a 100% Victory for me, for the total dollar amount sought plus Costs.

Actually, although this now lengthens the process, this may work out better for me in the end resultant verdice.

Now, I can further argue my point and make due claim for the current $9,000.00 attorneys fees, plus what will need to be incurred in the near future.

Additionally, I will strenuously request and demand, Pre-Judgment Interst, dating back to the time of the Payment Breach of the Contract.

I have to look at the Glass Half Full, don't I?

I sorely could use that past due money, which is now going on 2 years and 2 months.

Ed


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## nlgutters (Dec 18, 2007)

Ed the Roofer said:


> Just an update.
> 
> I found out when I called my attorney last night, that the defendant exercised their right to Reject the findings of the Mandatory Non-Binding Arbitration 3 Judge panel, which had proclaimed a 100% Victory for me, for the total dollar amount sought plus Costs.
> 
> ...



Good luck ed. The nice part is that is now free money all materials and labor are paid for.


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## Joasis (Mar 28, 2006)

I wonder why they rolled the dice and decided to try again? Maybe they don't have the money anyway?


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## Ed the Roofer (Dec 12, 2006)

joasis said:


> I wonder why they rolled the dice and decided to try again? Maybe they don't have the money anyway?


My guess is that it is either that they just want to delay the end result, ot they figure that the actual trial judge will find something that needs to be followed more strictly by law.

The arbitration panel is not strictly required to use case law precedent, although, since they are all attorneys, their minds work that way.

They are figuring that the worst that they can do, is still get a decision that is still 100% in my favor and not counting on the additional expenses that their attorney will need to charge them, plus the possibility that they will now have to potentially pay my attorneys fees and interest.

Smart or Stupid?

Only time will tell.

Ed


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## Tiger (Nov 21, 2007)

Good luck with it Ed. I'm sure it's been very stressful & you deserve better.


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## Ed the Roofer (Dec 12, 2006)

Update.....

I drove past their home today and noticed that they had their garage completely renovated with a 2nd story added on to it, so the lack of funds on their part is not a part of the arguemnet.

Also, court was supposed to be scheduled for trial this past March, but got continued for them to have an opportunity to call in their Expert Witness.

He never materialized.

Trial was set for the end of June, but the home owner requested a delay due to a death in his family.

Trial was then set for the beginning of August and also was now continued, due to the home owners attorney requesting to be dismissed from representing the home owners as his clients, with the reasoning being that they were being uncooperative in producing their Expert Witness.

End of August is another court date, but just to set status and eliminate them from attempting to delay any further or still trying to bring in any witnesses.

I suspect that the new trial date will wind up being around the end of September now, with the defendants proceeding without any further legal representation, because it would be very costly at this point to bring another attorney up to speed and I would imagine that any smart attorney would require a substantial retainer to take over some other attorneys case.

So, that will make it 2 years and 11 months since the time of the breach of the contract payment terms that has gone by since this all started.

I will recommend strongly to anyone out there though, to ensure you do have a properly written Attorneys Fee Plus Costs Clause in your contract in the event you need to proceed with collections and even more importantly now, to also have a strongly and properly worded clause to enable interest on the judgment amount, not only from the time the judgment is issued, but as a Pre-Judgment Award to start ticking from the time of the actual date of the breach.

Ed


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## oldfrt (Oct 10, 2007)

*Great Thread*

I never had to go this far but feel for you Ed.I hope this turns out in your favor just for the aggravation,not to mention the principal.

Just the fact they reinvested more money in the property may run in your favor.I'd think that if the decision of the arbritators is a factor in your trial,than the HO's unability to have paid yet would be null and void.Since the original ruling was in your favor,they'd have to base their defense on your performance,which they had already signed off on.

Sounds like you have a very strong case.
I'd like to be a fly on the wall at that trial.
Thanks for sharing this!


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## JamesKB2 (May 13, 2009)

Ed,

Sympathies to you. I've never had to go through that, yet, and you've gone way past the call of duty to the contractor community.

I suspect because now, it's personal!

I wish you the best of outcomes, and speedy payment if it favors you.

James


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## HusqyPro (Aug 3, 2009)

Ed must have the patience of Job.


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## Framer53 (Feb 23, 2008)

HusqyPro said:


> Ed must have the patience of Job.


I was thinking that also


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## dhall (Nov 7, 2007)

Ed - I am still wondering whatever happened to the original lien?


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## Ed the Roofer (Dec 12, 2006)

dhall said:


> Ed - I am still wondering whatever happened to the original lien?





Ed the Roofer said:


> That is correct. I could have filed suit to enforce the Mechanics Lien, but due to my attorney's advice, he recommended the Small Claims Civil Court action, which may have been a more expeditious method, had the wife not attempt to get herself recused from the proceedings.
> 
> I am doing my advance due diligence researching how to ammend the arbitors decision to get the attorneys fees addied into the judgment award.
> 
> ...


 
I hope that clears it up for you.

I know some of my posts, especially the original one in this thread were so lengthy, that only a cursory glance of the facts that jump out are what sticks with everyone, but as has been mentioned by multiple posters, this thread in it's entirety is a lesson to all of us.

Pay attention to your contract clauses.

Pay attention to the Red Flags that present themselves and decide accordingly.

Be patient. Law may not be Fair, but it is Just. That does not necessarily equate to either party arriving at any form of a satisfied conclusion, but it leaves you with only one chjoice to ensure that the other party learns a lesson from the situation.

Ed


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## Ed the Roofer (Dec 12, 2006)

JamesKB2 said:


> Ed,
> 
> Sympathies to you. I've never had to go through that, yet, and you've gone way past the call of duty to the contractor community.
> 
> ...


 

*It should never be personal.*

*It's only about the money.* No matter what anyone ever says about principle or revenge, it still all boils down to getting the money that I originally deserved and hopefully to get reimbursed for the additional bills for legal services and also for the lack of being able to use the funds that should have originally and rightfully been mine all along.

How much does $22,000.00 add up to when you don't receive the expected payment that has now endured just under 3 years of waiting to get paid?

How many of my suppliers have had to get paid in 60-90 with accumulative late fees ever since this occurence?

How has my reputation been sullined with my vendors due to conditions beyond my control?

I want my money that I rightfully earned, which was $22,000.00

I want my legal expenses and all other associated costs to get reimbursed.

I want the interest that rightfully should compensate me to put me back in the position that I would have been in had the home owner paid me on time and not created a situation of my own bills being in arrears.

All totalled, I believe that the amount due should wind up being a minimum of $57,000.00 in it's entirety.

Pay me and then shake my hand and I will wish you the best of luck in your future pursuits. 

I can live with that.

Ed





HusqyPro said:


> Ed must have the patience of Job.


No, not in any shape or form of patience at all, but rather an understanding that it will progress at it's pace, not mine, regardless of how I feel.

Thats why it has been over 8 months since I updated this thread.

I accept that as part of the sysematic process to arrive at a conclusion to this fiasco.

Ed


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## naptown CR (Feb 20, 2009)

Hope everything works out.

If they delay again try for a summary judgment they have delayed enough.


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## Ed the Roofer (Dec 12, 2006)

naptown CR said:


> Hope everything works out.
> 
> If they delay again try for a summary judgment they have delayed enough.


 
Without an attorney representing them any longer, they probably have run out of Hail Mary Extensions.

I let my attorney advise me what is going on next and then I review and study and research to see if their is anything I can point out to assist him in doing his legal duties as diligently as possible.

Ed


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## Mike(VA) (Jan 9, 2008)

Be interesting to see if they tried to stiff the poor slob who popped the top on their garage. They may indeed have no money which is why they stiff people. Still get what they want, just not pay full value for it.


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## Rockhound (Jul 12, 2007)

I wish you MUCH luck Ed. It doesn't seem you'll need any luck with the legal circus they're running but just the same.....
While there are crooked contractors out there who get away with ripping people off there are also HO's who go into the deal with every intention of getting it all scott free and you've done an excellent job of exposing these clowns.:thumbsup:


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## Ed the Roofer (Dec 12, 2006)

The end result of this extremely lengthy ordeal will make a great contractor versus home owner case study, so I am glad that I documented the details pretty thouroughly and candidly, hopefully without the inherent bias that an embattled party in the fight might purvey.

Ed


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## BreyerConstruct (May 22, 2006)

Maybe you'll end up with their house, and they'll end up in the poor house or the big house...

I hate to see people hurting- but that gives them no right to dick other folks!
~Matt


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## Ed the Roofer (Dec 12, 2006)

BreyerConstruct said:


> Maybe you'll end up with their house, and they'll end up in the poor house or the big house...
> 
> I hate to see people hurting- but that gives them no right to dick other folks!
> ~Matt


They are not hurting.

I drove by yesterday and saw that they knocked down their old wobbly 1 car and 1 story garage and built a 2 story tudor style garage in it's place.

That was just recently completed.

Ed


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## outlaw (Jan 7, 2009)

This pisses me off every time I read about it. You are a bigger man than me. I would have hired a "Phillidelphia" lawyer a long time ago. 

As a matter of fact, I would have took all my self-help books, Eastern Philosophy books, and prolly my most holy of holys book, and used it for kindling to burn that mutha down.

The roof, the roof, the roof is on fire. We dont need no water. Let the motherfudger burn. Burn mutherfudger burn.


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## GAK (Apr 22, 2005)

Ed,
Great to hear about the update. I don't believe that they will ever actually pay you any money until it is forced upon them.
It seems to me that you have made your case many times over and that the only recourse at this time is to foreclose on the house. 
Thanks for all of your time in documenting this nightmare.


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## Ed the Roofer (Dec 12, 2006)

GAK said:


> Ed,
> Great to hear about the update. I don't believe that they will ever actually pay you any money until it is forced upon them.
> It seems to me that you have made your case many times over and that the only recourse at this time is to foreclose on the house.
> Thanks for all of your time in documenting this nightmare.


GAK, 

It is set for a Status Hearing tomorrow if you wanted to start checking out what happens. I don't have to be present, but this time a trial date should finally be scheduled with no more continuances.

Ed


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