# Customer cancels a contract...what are their rights?



## Easy_rhyno (May 5, 2008)

I was hired as a private guy for some "side work" with a customer. We did sign an agreement and a deposit was made. The initial deposit went 1/2 to the mason on the job for his materials and the other half into my business account for my materials, etc. 

The job sat for about a month before work started due to the customer putting off getting the space cleared out. Then the work began. On the third day of the job the home owner approached me and told me that she wanted to cancel the contract because she had no faith in the mason because when she asked him if he had bought the material for the job he bluntly told her "no, not yet." and that he was waiting to get money from another job where he had money coming because the downpayment from her was gone on living costs. So needless to say she was shaken and upset and fired us both off of the job.

All told I had about 20 hours of labor into the job, plus gas costs, some minor material costs, my laborer costs,etc. I told her that I would be happy to take out a fair amount and refund her the balance. She told me that she wanted a set amount returned and that if I didn't agree to give it to her she would call the police on me.

Then I find out that she is allowing the mason to work his downpayment off, even though that money he was given is legally my responsibiliby as I was the one who signed the contract, not him. And even though he was in the wrong, he gets to stay on and finish to work off his amount, I have to pay back my half wich is fine, as long as it's minus what I should have coming for the work I did.

What are my legal rights? Should I contact a lawyer? What are her rights? Is this a civil case if we cannot agree on the amount to be returned? Is it criminal? What would the cops do? I've never ran into this before in the 15 years I've been in business so I am clueless. The job is in Wisconsin. Any help would be greatly appreciated.


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## Ed the Roofer (Dec 12, 2006)

Civil Case either regarding an amicable parting of the ways agreement from all 3 parties or at least between you and her, or contact an attorney and sue for the lost profit and time expended to date.

That is not a legitimate reason to void a contract. Many contractors unfortunately have to use other peoples deposit money to pay their bills.

Ed


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## Celtic (May 23, 2007)

Easy_rhyno said:


> I was hired as a private guy for some "side work" with a customer. We did sign an agreement and a deposit was made.


What does your contract state about defaulting, cancellations, etc?


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## Easy_rhyno (May 5, 2008)

Celtic said:


> What does your contract state about defaulting, cancellations, etc?


 
I don't have anything listed about cancellations. I've never had this problem. I will from now on though. 

I guess I just need to know if this is a criminal thing or civil. What's the worst case scenario? Do I end up in court to fight for my fair wage or do I have to pay her back in full and then sue her? I really hate going through this crap, makes me ill to my stomach. I just don't need some cop knocking on my door for something that is so silly. I'm not saying she doesn't deserve a refund, just not as much as she wants. Don't I have a right to get paid for what I have done?


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## Tscarborough (Feb 25, 2006)

First, beat your mason about the head and shoulders with a 2x4 for opening his pie-hole. Second, until you fail to perform per contract, she can suck eggs. Last, but not least, beat your mason about the head and shoulders with a 2x4 for being a dumbass, and then lose his phone number.


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## Cole (Aug 27, 2004)

Tscarborough said:


> First, beat your mason about the head and shoulders with a 2x4 for opening his pie-hole. Second, until you fail to perform per contract, she can suck eggs. Last, but not least, beat your mason about the head and shoulders with a 2x4 for being a dumbass, and then lose his phone number.


:thumbsup: :thumbsup: :thumbsup:


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## neolitic (Apr 20, 2006)

Tscarborough said:


> First, beat your mason about the head and shoulders with a 2x4 for opening his pie-hole. Second, until you fail to perform per contract, she can suck eggs. Last, but not least, beat your mason about the head and shoulders with a 2x4 for being a dumbass, and then lose his phone number.


:clap::thumbsup:
He has not learned that the truth
does not always set you free.


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## GregS (Oct 1, 2006)

So who was the mason contracted to? You or her?

If you, then it sounds like he made a side deal around you circumventing the contract he had with you.. which would presumably make him in breach of contract.

So if he hasn't spent any money on materials or labour under your contract, then he owes you the money you gave him.

If you took deposit money with a signed contract and then started the job, then I fail to see where you did anything criminal and why the police would be involved.

Document your costs to date, buy an hour of time with your lawyer to make sure all is good, and then send it to her.


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## wyoming 1 (May 7, 2008)

again not a lawyer but she has to prove that you took the money without any intention of doing the work for it to be criminal. My personal thought you picked a fly by night mason who cut your throat to the ho and cut you out of your %


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## DavidC (Feb 16, 2008)

I'm going to step away from the crowd on this one.

Beat that mason with a 4x6. He is the real problem. 

I would tell the customer not to worry because I will make certain the materials are here on time and the job will go along as planned. If you can get her calmed down the issue may just resolve itself and you can go back to work. 

If need be you can order the materials yourself and deduct the cost form your mason's subcontract. Should you use this guy again I would put him on labor only, paid when done contract. You will need to add a roll of duct tape to your costs to keep his mouth shut.

Good Luck
Dave


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## boman47k (Oct 13, 2006)

Easy_rhyno said:


> I was hired as a private guy for some "side work" with a customer.


What does that mean?
I'm confused. Sounds like the mason might have been hired as a private guy for some sidework too.


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## SalesMGR1011 (Oct 29, 2008)

My thoughts by reading the op is that he normally works for someone else and is doing a little moonlighting on the side.


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## Ed the Roofer (Dec 12, 2006)

My thoughts are that he is an unlicensed contractor, either full or part time moonlighting, and wants to run the business "Under The Radar", and did not want to have a paper trail by having no written contract.

Even if he is a licensed contractor, the hole got dug by not having the agreement in writing and signed by both parties.

Lesson learned. Do it better the next time. If we all learn by our mistakes, someday we will all be in the genius category.

Ed


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## boman47k (Oct 13, 2006)

SalesMGR1011 said:


> My thoughts by reading the op is that he normally works for someone else and is doing a little moonlighting on the side.


I may have been thrown off by sidework being in quotes.


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## Celtic (May 23, 2007)

Easy_rhyno said:


> We did sign an agreement ...
> 
> 
> 
> ...


???


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## CBG (Oct 28, 2008)

*customer cancels.....*

rhyno...I'm gonna up the ante. Beat the mason with a 6x6 !!! He has no right to discuss anything more than the weather with YOUR customer. Moreover, your customers contract is with you. Regardless what the mason claims to have done with his portion of the downpayment, contract fulfillment is between you and the HO, period. Secondly, drop your mason. If he's gonna double-deal with the homeowner behind your back, I don't care if he makes diamonds out of dimes, he can't be trusted. If you can't trust your subs, you can't do business with them. In the future I would suggest using sub-contractor agreements. Keep 'em simple; if only to outline the scope of work, the agreed upon price, and your expectations with regard to workmanship, client contact, etc.:thumbsup:


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## Ed the Roofer (Dec 12, 2006)

Celtic said:


> ???



My mistake. I didn't remember that due to other comments from other posters along those lines.

OP, excuse me.

Ed


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## Celtic (May 23, 2007)

Ed the Roofer said:


> My mistake. I didn't remember that due to other comments from other posters along those lines.


...me thinks you may be right on the other point :whistling


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## Easy_rhyno (May 5, 2008)

Ed the Roofer said:


> My thoughts are that he is an unlicensed contractor, either full or part time moonlighting, and wants to run the business "Under The Radar", and did not want to have a paper trail by having no written contract.
> 
> Even if he is a licensed contractor, the hole got dug by not having the agreement in writing and signed by both parties.
> 
> ...


 
I am a state licensed contractor and fully insured. I did this one on the side because they asked me for a discount of it was a cash job. That's what I meant by it!! :whistling


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## Easy_rhyno (May 5, 2008)

CBG said:


> rhyno...I'm gonna up the ante. Beat the mason with a 6x6 !!! He has no right to discuss anything more than the weather with YOUR customer. Moreover, your customers contract is with you. Regardless what the mason claims to have done with his portion of the downpayment, contract fulfillment is between you and the HO, period. Secondly, drop your mason. If he's gonna double-deal with the homeowner behind your back, I don't care if he makes diamonds out of dimes, he can't be trusted. If you can't trust your subs, you can't do business with them. In the future I would suggest using sub-contractor agreements. Keep 'em simple; if only to outline the scope of work, the agreed upon price, and your expectations with regard to workmanship, client contact, etc.:thumbsup:


 
Super well said!


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## Grumpy (Oct 8, 2003)

Let her go but submit a bill for your time and what ever you have to pay your sub. It's probably not worth fighting, and you probably won't get a penny but give any back either. She doesn't want you, she doesn't want you. What can you due? Pay a lawyer 10k to sue for 3k lost profit? At the end of the day is it really worth the time or energy? 

Everythign in writing, and consult your lawyer before you do anything.


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## boman47k (Oct 13, 2006)

> me for a discount of it was a cash job


Might you be opening a can of worms by letting this go to court?


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## Easy_rhyno (May 5, 2008)

Thanks for all the advise. She's threatened me with police and jail time if I don't give her all her money back. I think from what I am hearing that won't happen? This is a civil case?


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## GregS (Oct 1, 2006)

You are at the point where you should probably just contact your lawyer.

And if you do give her all or a portion of her money back, you should have a letter of release done up to give to her.


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## Winchester (Jun 29, 2008)

Easy_rhyno said:


> Thanks for all the advise. She's threatened me with police and jail time if I don't give her all her money back. I think from what I am hearing that won't happen? This is a civil case?


I'm no lawyer, but if she gave you the money to do work, and you intended to do work, you didn't steal the money. There is no reason police should be involved.


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## skyhook (Mar 17, 2007)

Write her a bill and charge her for every last nail, staple, including the percentage of the masons contract you hoped to make, anything you can legitamately come up with. Then deduct that and return whatever (if any) is left. Let her be the one to initiate the civil case (burden of proof).


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## Easy_rhyno (May 5, 2008)

Thank you for all your advice. I know I am new to this forum but am a member of two other online forums and have been for years. It's this sort of constructive help and critisizm that makes a site like this a home away from home for advice and help in general. :thumbup:


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## mrhodus (May 15, 2008)

I hate sub-contractors that feel the need to run their mouth. Shut up and work.


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## pcplumber (Oct 12, 2008)

*The customer breached the contract.*

File a lawsuit, in small claims, for Breach Of Contract, for the entire amount of the job, and fight for the amount you have in the job, plus all the profits, you would have earned, had you completed the job. 

File a Mechanic's Lien, immediately, for the entire amount of the job. Your contract does not have to state what happens when the customer cancels, to get your money. 

When a job is canceled, our contract calls for a minimum of 40%, or whatever portion of the job is completed, and whichever is greater, even if the customer cancels, one hour, after signing the contract. We make clear, upon signing a contract, in writing, that a lot of time, and expense occurs off the job site, and this includes procuring materials, preparing tools, loading vehicles, travel, and relocating employees, from jobs where they were already earning money, to work on their job.

Don't get upset. Notify the customer, in writing, and maybe pay a personal visit. Tell the customer your intentions. Don't write an amount that you are willing to negotiate, because the customer will use this against you. Ask for what you think is fair. Tell the customer that you would rather settle the matter than go to court, for a reasonable amount, to save everyone the time, expense, and aggravation. 

Don't wait for her to file a lawsuit. If the customer sues you, then you still won't get your money. If she loses, the judge will tell you to file your own lawsuit, and you will have to court one or more times. The person who files the lawsuit, first, always has a better chance of winning. If she files first, you will be defending yourself (the defendant). Sue her first, and let her be the defendant. But trying to talk it through, for a few days, is always better. You have to look at the psychological difference.

When you go to court, prepare yourself better than Simpson's attorneys. Make several copies of every document, so you can give one to the judge and one to the customer. Put each set in three ring folders. I even make an index so I can find things easier. Get a book, regarding contractor's laws, and read the entire book. They take only a few hours to read.

When speaking with the customer, say what you mean, and mean what you say. Speak with conviction.

There is more at stake than what you have into this job. Contractors get signatures, on contracts, for many reasons. Suppose you had several jobs to choose from, and you chose this customer. Upon signing the contract, you called two different jobs, you bid, and you told them, you no longer had time to do their work. Now, this jerk cancels, and you lost three jobs, instead of one.

Make sure you mention, to the judge, that this customer put you in this predicament. She ruthlessly, ruined your ability to earn an income.


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## Easy_rhyno (May 5, 2008)

*Update*

After trying to resolve this issue out of court, the home owner and myself could not agree on a dollar amount that was fair to both of us so she (while still negotiating) sneakily filed a complaint against me in small claims court. Once she did that I told her that the talks were over, and that I would just see her in court. Weeks have gone by with no contact.

Last night I received a phone call from a number clearly out of my area. I let them leave a message and then listened to it. It was a detective from the county where this woman lives. He was calling me to find out if what she was saying was correct and to let me know that he was following up on a complaint of theft by contractor. I gave him my side of the story and he said he would get hers and be in touch with me. Since there is a detective involved do I have more to worry about? Is he obligated to investigate or is he doing so because he believes I have done something wrong?

This woman paid me $7,000.00 down (read above). $4,500.00 of that has been either paid back or was worked off to date. So we are in dis-agreement over the final $2,500.00. The disagreement comes because when she canceled without a valid reason she left me without work for over a week. The detective says that he will have to see what work was done, what moneies were spent where and then turn that info over to the district attorney to see if they want to pursue this as theft by contractor.

I guess I am confused....work was performed, materials ordered, subs paid. How is any of this theft? We have a disagreement on the final amount of money...isn't that what small claims is for? When I do a google search of theft by contractor in Wisconsin it repeatedly speaks to statute 779.02 (5) wich states that theft by contractor has to be a contractor taking money and then never showing up, never paying subs or suppliers or intentionally defrauding a consumer of money with no intent to ever do work. None of those apply to me...so?

Should I wait to talk with the detective again? Do I cooperate with him? Do I hire an attorney? Any advice would be great as this now has me sick to my stomach and has ruined my weekend!! :sad:


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## ruskent (Jun 20, 2005)

I think your going to jail!


I would lawyer up. Stop talking to anyone with out a lawyer.


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## JSC (Jul 10, 2008)

She doesn't have a case, but you do. Unless there is bad workmanship or otherwise a breach of contract on your part it would be typical (at least in California) to recover your actual out of pocket expenses, attorney's fees if it is in the contract, and the profit you would have made on the job. 

It's easy to say and hard to do, but I wouldn't worry about the police thing if the facts are as stated.


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## SelfContract (Dec 6, 2007)

Criminal matters > (always *takes/win over)* > civil matters. Criminal codes fall under *Federal guidelines & jurisdictions* (of Circuit court)

In this case, the woman tries a new tactic to turn *your small (civil) issue/matter *into *her bigger (criminal) complaint/matter. *If she succeeded (assuming/providing that the detective/cop/prosecutor believe in her stories & after your statements), the *criminal matters would win first or must be resolved first* before your civil remedies/compensation matter could be resolved later.

Let us remind the old stories of O.J Simpson, almost 2 long years of criminal trials (for murder charges) *must happened first & done* *before* any victims' families could bring him under civil court light (for *financial remedies/compensations* against wrongful death charges)!

Conclusion >>> under any circumstances, *DO NOT let your matter/issues turned from civil into criminal status!* 

Contact your attorney (both business & criminal) before talking futher to any detective on phones. Any mistakes/statements you made can be used against you in court later. Asserting your (silent) rights and directing any cops' investigations to your attorney's office (if any).


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## davitk (Oct 3, 2008)

Easy_rhyno said:


> After trying to resolve this issue out of court, the home owner and myself could not agree on a dollar amount that was fair to both of us so she (while still negotiating) sneakily filed a complaint against me in small claims court. Once she did that I told her that the talks were over, and that I would just see her in court. Weeks have gone by with no contact.
> 
> Last night I received a phone call from a number clearly out of my area. I let them leave a message and then listened to it. It was a detective from the county where this woman lives. He was calling me to find out if what she was saying was correct and to let me know that he was following up on a complaint of theft by contractor. I gave him my side of the story and he said he would get hers and be in touch with me. Since there is a detective involved do I have more to worry about? Is he obligated to investigate or is he doing so because he believes I have done something wrong?
> 
> ...


What in the HELL are you talking to us for?? Do you want to go to jail or or you just stupid? Ask a moderator to delete this thread and save your ass.


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## Easy_rhyno (May 5, 2008)

Why would I go to jail? I havn't done anything wrong other than disagree on how much money to refund someone. I'm not stupid...just confused I guess.


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## Easy_rhyno (May 5, 2008)

Also, how do I find out who a moderator is? Thanks.


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## genecarp (Mar 16, 2008)

Easy_rhyno said:


> After trying to resolve this issue out of court, the home owner and myself could not agree on a dollar amount that was fair to both of us so she (while still negotiating) sneakily filed a complaint against me in small claims court. Once she did that I told her that the talks were over, and that I would just see her in court. Weeks have gone by with no contact.
> 
> Last night I received a phone call from a number clearly out of my area. I let them leave a message and then listened to it. It was a detective from the county where this woman lives. He was calling me to find out if what she was saying was correct and to let me know that he was following up on a complaint of theft by contractor. I gave him my side of the story and he said he would get hers and be in touch with me. Since there is a detective involved do I have more to worry about? Is he obligated to investigate or is he doing so because he believes I have done something wrong?
> 
> ...


File your own claim against her, i never heard of a detective determing what work was done---this is civil, not criminal


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## genecarp (Mar 16, 2008)

She must have lied to the detectives- they would never get involved if she was truthful..


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## rbsremodeling (Nov 12, 2007)

Easy_rhyno said:


> Why would I go to jail? I havn't done anything wrong other than disagree on how much money to refund someone. I'm not stupid...just confused I guess.


Rhyno.

Take a deep breath.

Do two things. File a lien Monday morning on her property for the balance of the job.

Gather every scrap of paper work you have and contact the detective and explain your side of the story and show that you performed in good faith. 

You have to do those both things. If you can prove to the detective nothing criminally took place no charges will be filed and he will let it go.

From their it becomes a civil/small claims matter possibly.

Contacting a lawyer is important, you will have to exercise your judgement as to when to contact an attorney. 

Do not be scared or confuse it is an unfortunate part of our business. Just be sure to keep all your documents, emails and later together. 

Make about 3-4 copies of each and do not give anyone originals, only copies of your documents. 

Your attorney gets the originals and notes on what documents you submitted to anyone else if it gets to that point


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## Easy_rhyno (May 5, 2008)

genecarp said:


> She must have lied to the detectives- they would never get involved if she was truthful..


 
He simply told me that she had called and filed a complaint of theft by contractor and that he was following up on that complaint. He said that he was not accusing me of anything and needed to gather all of the facts. He said several times that it would be the best for her and me if this could be resolved out of court, that his case load was very heavy and that he didn't have time to baby sit this sort of issue but would if he had to. He left off with me saying that he was going to meet with her, look at what paperwork she had and would look at it next week on Monday or Tuesday and then get back to me shortly thereafter. So I guess it's possible he could come back and say it's civil. I don't know how it could not be? I didn't take her money and run, she fired me off the job. She's been paid back all but a fraction of the original amount. That is what is in dispute. Isn't that what court is for? To resolve these exact types of issues? Why would I go to jail?


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## rbsremodeling (Nov 12, 2007)

He can be charged criminally. It is usually done by the AG's office but based on his story. 

The chances seem slim that it will happen. The detective has to follow up and verify what the woman says. (she said she paid and he did nothing)

If work was performed and it boils down to an arguement about how much was paid. They will let it go and it will become a civil matter


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## skymaster (Oct 23, 2006)

Easy rhyno: Can I say WHOA!!!!!! WTF?????????? 
You say detective????? OK Have you met him? Seen his credentials? Verified he is actually who and what he claims to be????????
If the answer to any of these ?????? are no then WTF r u doin talkin to him? PLEASE I am not hollerin at ya, however it is COMMON for frakin lawyers to pose as somebody else, tape your conversations and then slam ur butt in court with your own words!!!!!!!!!!!!! DO NOT say anything to this clown ever again. GET YOUR LAWYER ON the phone right now, bring him up to speed, anything and everything goes thru him and only him!!!!!!!!!!! Phone call re route to him EVERYTHING really EVERYTHING thru him ONLY. Yes it is going to cost but will be soooooooooooooooooooooo much cheaper when it gets done. Remember when he sues her to demand she pay your all you associated legal expenses. Oh yeah give your lawyer this so called detectives phone number, let the lawyer investigate HIM.


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## stacker (Jan 31, 2006)

i think this is all civil.
if work was started by a sub and she ran him off and the original contractor,she is in default.she could have told rhino that she would prefer another mason to do the work.i think she more than likely didnt have the money to do the project and instead of being the one getting sued called a halt to the project.
and do you really know if this detective is legit,or maybe someone she knows calling you to scare you into giving her money back.

i had a contract canceled on me this past summer.the customer paid me $2500 down.when i went to start it about a month later they told me they had changed their mind and wanted their money back.at that time i said i would see about getting it back to them.less than a week later they were calling my house at all hours of the day(2:30 in the morning,4:15 in the morning).thats when i said all bets are off and sent a letter to them.i told them they were in breach of contract not me,and to stop calling my house.i told them not to come to my house or my job site.if they did i would ask them to leave and if they wouldnt i would call the law.i also told them that there was no time frame or anything else in the contract except the scope of work to be done and who was providing what.i said it was their right to sue in court,but also my right to counter sue for breach of contract.phone calls stopped,they havent came by.but month or so ago i was in the bathroom at wal mart,when the husband came in and caught me.i thought,oh crap here we go!but he was nice and asked if i still wanted to do the job.i told him i did and that the contract was still valid as far as i was concerned.he told me he would get back with me later.

my advice would be if she filed a small claims suit again you,would be file a counter claim.i wouldnt worry about going to jail.its civil not criminal.


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## SelfContract (Dec 6, 2007)

skymaster said:


> Easy rhyno: Can I say WHOA!!!!!! WTF??????????
> *You say detective????? OK Have you met him? Seen his credentials? Verified he is actually who and what he claims to be????????*
> If the answer to any of these ?????? are no then WTF r u doin talkin to him? PLEASE I am not hollerin at ya, however it is COMMON for frakin lawyers to pose as somebody else, tape your conversations and then slam ur butt in court with your own words!!!!!!!!!!!!! DO NOT say anything to this clown ever again. GET YOUR LAWYER ON the phone right now, bring him up to speed, anything and everything goes thru him and only him!!!!!!!!!!! Phone call re route to him EVERYTHING really EVERYTHING thru him ONLY. Yes it is going to cost but will be soooooooooooooooooooooo much cheaper when it gets done. Remember when he sues her to demand she pay your all you associated legal expenses. Oh yeah give your lawyer this so called detectives phone number, let the lawyer investigate HIM.


 
I agree 100%!.. Often the case *any detective MUST try to contact people in person first at their home or work, showing ID badges*, *or at least try to leave a business/official card at residence/premise addresses to tell them to call back at that # if they could not meet that person in first place.* (maybe police's policy?)

There is no other way that they MUST contact you by phone first?


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## buildpinnacle (Sep 2, 2008)

Removed


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## davitk (Oct 3, 2008)

Easy Rhino, If you are doing work in WI you may already have, or are in the process of getting, a Dwelling Contractor's Qualifier http://commerce.wi.gov/SB/SB-DivCreds.html#D? Required to pull a permit as of 1/01/08. If not it wouldn't hurt to get all your ducks in a row, start dotting your i's and crossing those t's. If not the prisons up here do have very good libraries


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## SelfContract (Dec 6, 2007)

All of you give very good advices, good lessons, and good experiences. :thumbsup:


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## davitk (Oct 3, 2008)

If you do not have a license and/or have not pulled a permit you may not want to post that in an open forum..... just saying.


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## Easy_rhyno (May 5, 2008)

Bottom line for me is I simply do not understand how any of this could be criminal. She hired me, then two days later fired me for a bogus reason. 2/3 of the downpayment was returned and we could not agree on the final 1/3. Isn't that what court is for? Don't I have rights for my lost work, expenses,etc? I will contact my lawyer on Monday morning.


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## buildpinnacle (Sep 2, 2008)

Not trying to scare you. Trust me. Just want you to CYA. Take it with the utmost seriousness, and don't step on your tongue. Since you've read my post, I'll pull it now as it is not something I am proud of even though we were clearly not at fault. If it helped you, it was worth the dirty laundry. PM me if you want and I'll speak even more candidly. I just would hate to see someone go through what I did as it almost put me out of biz. IMHO, the worse case scenario is you cough up the $2,500.00 back to the lady. Not fair, I know, but the wheels of justice are quite rusty. There are innocent people in jail, you know!


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## Easy_rhyno (May 5, 2008)

How do I PM you?


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## buildpinnacle (Sep 2, 2008)

I don't think you have enough posts. Go to my website, http://www.buildpinnacle.com/estimate.html and I can email you back from there.


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## Jim Allen (Dec 8, 2008)

I would be very careful about how you approach this situation. Number 1, your customer could call the police, and you could lose your license or be fined or both. You need to take some the others advise and fire your mason on the spot, then get with your customer and work this out. This is very serious, I have seen it happen before to a good friend. This customer liked you or she would not of signed a contract, so you have to use that to your advantage. Show her you will make this happen, gain her confidence, beware of releasing the contract she still could call the police into this. Proceed with great caution.


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## dougchips (Apr 23, 2006)

genecarp said:


> She must have lied to the detectives- they would never get involved if she was truthful..


Who says that they were even really detectives from the police dept? In most states you can get away with saying "this is detective brown from xyz town/county I am investigating.........."


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## Bud Cline (Feb 12, 2006)

*AIN'T NOBODY GOING TO JAIL *- For God's sake. You jumped into a deal with a loose cannon that's all. Don't give her a damned thing. If she has in fact filed a claim in Small Claims either have your lawyer force her into regular court where she will likely have to also hire a mouthpiece or quickly file a counter claim in Small Claims court. Don't return any money until a judge tells you to.

Another thing.....what the hell are you doing answering questions over a telephone from a guy that alleges he is a detective? ARE YOU FRIGGEN NUTS? You don't have to talk to anybody in person or over the phone especially over the phone. You spill your guts to a stranger and you may have lost all of your leverage. Now they know your position and can develop a contrary defense based on things you said. *SHUT UP MAN!!!* Don't spill your guts just 'cause she scared you a little. Calm down, take a few deep breaths and get your head on straight.

YOU are the one with the claim, NOT HER. YOU are the injured party, NOT HER.

And when you said you were doing this job on the side for cash I think you must have meant you were accepting cash from her to indicate a discounted price when you were in fact going to run the job through the till like you do all of your jobs. You must have meant a cash agreement was nothing more than a sales technique on your part to secure the contract.

Now stop talking so much, you're as bad as the stupid-ass mason guy. And quit posting details on these websites - clam up brother and do it NOW.


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## boman47k (Oct 13, 2006)

Bud Cline said:


> *AIN'T NOBODY GOING TO JAIL *- For God's sake. You jumped into a deal with a loose cannon that's all. Don't give her a damned thing. If she has in fact filed a claim in Small Claims either have your lawyer force her into regular court where she will likely have to also hire a mouthpiece or quickly file a counter claim in Small Claims court. Don't return any money until a judge tells you to.
> 
> Another thing.....what the hell are you doing answering questions over a telephone from a guy that alleges he is a detective? ARE YOU FRIGGEN NUTS? You don't have to talk to anybody in person or over the phone especially over the phone. You spill your guts to a stranger and you may have lost all of your leverage. Now they know your position and can develop a contrary defense based on things you said. *SHUT UP MAN!!!* Don't spill your guts just 'cause she scared you a little. Calm down, take a few deep breaths and get your head on straight.
> 
> ...


:notworthy


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## Bud Cline (Feb 12, 2006)

SORRY! Didn't mean to kill this thread with common sense!


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## SelfContract (Dec 6, 2007)

Bud Cline said:


> SORRY! Didn't mean to kill this thread with common sense!


 
Dont' worry, it's too late. I think we all already scared off da hell out of him (OP) anyway... poor guy... confused & nervous by now! :whistling


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## buildpinnacle (Sep 2, 2008)

Bud Cline said:


> *AIN'T NOBODY GOING TO JAIL *- For God's sake. You jumped into a deal with a loose cannon that's all. Don't give her a damned thing. If she has in fact filed a claim in Small Claims either have your lawyer force her into regular court where she will likely have to also hire a mouthpiece or quickly file a counter claim in Small Claims court. Don't return any money until a judge tells you to.
> 
> Another thing.....what the hell are you doing answering questions over a telephone from a guy that alleges he is a detective? ARE YOU FRIGGEN NUTS? You don't have to talk to anybody in person or over the phone especially over the phone. You spill your guts to a stranger and you may have lost all of your leverage. Now they know your position and can develop a contrary defense based on things you said. *SHUT UP MAN!!!* Don't spill your guts just 'cause she scared you a little. Calm down, take a few deep breaths and get your head on straight.
> 
> ...


I wish I had this much faith in our justice system. Although I agree with you 100% that you are right, unfortunately this will not play out as you say. If a criminal complaint has been filed (get the small claims stuff out of your head...that's not what we're talking about), the investigator for the Da's office has to look into...by law. Bottom line is this...as contractors we are looked upon as crooks, cheats, and liars, by the general public 'as a whole'. Actually, over-all with all the bad apples, we have worked hard to earn that reputation. They will bully him into paying the monies back threatening filing charges for Obtaining Monies or Property Under False Pretenses. He would undoubtedly win this case in front of a three day jury trial which will cost him about $20,000 in legal bills. The DA's office knows how much his legal fees will be as well and are wanting him to cough up the monies to make a tax payer and 'voter' happy. 

It sucks, but it WILL happen this way!


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## Jim Allen (Dec 8, 2008)

Diversion of funds is criminal, your sub has already admitted to this, if you think this is not serious you are gravely mistaken. Hopefully, this customer will not take this route, and you will work it out. But, by all means do not launder this on here. Understand the law is set up to protect the consumer. You as a contractor also must protect the consumer, and I would make it very clear to your customer that you intend to do just that. Even if you settle up with the customer it does not necessarily mean that this customer does not have the right to file a complaint against you, this is why I think you need to do what ever it takes to work this out with the customer, you don't want to take this to our court system to handle.


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