# Lost Cat



## GCP&R (Jun 5, 2011)

I recently finished painting the exterior of a house for a customer. I did everything in the contract and finished it promptly (ahead of schedule). 

At the beginning of the job we discussed that I would need to enter and exit the home to remove storms and paint doors. The customer mentioned they had a cat that he did not want let out. I replied; he may want to put the cat in a room or somewhere it would not be able to get to the entrances of the house. They were non-committal to the idea, explaining it would not attempt to go outside.

Right from day one the cat roamed the house as I removed storm windows. I also open windows to completely paint sills and make sure they function properly post-paint. Considering the cat was roaming freely, I made sure to close the windows as far as I could without ruining the paint work.

No problems to this point. The last day there I had to paint the front door, including the jambs as well as the threshold and decking. I have to open the doors to paint these areas. I finished the doors (double front doors open into the house with double screen doors opening out). Moments after I completed the area I shut the doors to where they wouldn't damage the paint, just shy of touching each other. Then I painted the deck.

Within 30 minutes the deck was painted and the job was DONE. I stepped back to see what it looked like completely finished. That is when the problems started. The cat got out the front door and pushed the screen door open. It came out to the painted deck. I moved over toward it to help it get back into the house as the screen door had shut behind it. The cat took off through neighboring yards.

Myself and 4 others scoured the area, nearly a 10 block radius, on foot, looking for the cat. Nearly 3 hours searching for this cat, to no avail. I have offered to advertise in the local newspaper and put up signs for him. At that point he stated he would mail the check and hope the cat came back on its own.

Since, I have called multiple times and left several voice mail messages regarding the cat, if it was found. I have received no call back nor have I received the payment. Weeks later, I am concerned he will not pay. I have thousands of dollars tied up in labor and material costs. He paid a 25% down payment but that was not nearly enough to cover materials. I have a small business that cannot afford to lose thousands of dollars.

What am I to do here? Sit and wait? Is 2 weeks after the job is complete too short of time to confront them personally about the payment? The contract states "final payment is due upon completion". Who bears the blame for the lost cat? Should I believe the lost cat is the reason he would withhold payment? Any insight?


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## woodchuck2 (Feb 27, 2008)

"final payment is due upon completion"
No where does it say you are obligated for cat sitting and you already expressed concern of the cat escaping during the work period. If the owner did not take precautions to keep the cat contained then to bad. You even took the extra steps to find the cat and they should be happy you did that. You are better off approaching them in person and get your payment.


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## blackbear (Feb 29, 2008)

I agree with woodchuck, your not running a babysitting service. They were warned, thats all you can do.


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## pinwheel (Dec 7, 2009)

To heck with emailing & calling, show up on their doorstep with a bill in hand & don't leave till ya got a check in hand. Cat was their responsibility, not yours.


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## Hardly Working (Apr 7, 2005)

What does your contract say?

What you don't have a clause in there that clearly states that your not responsable for pets (dogs,cats,birds...)


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## blackbear (Feb 29, 2008)

Hardly,

I understand the importance of having a solid contract but at a certain point where do you draw the line. What happened to common sense and personal responsibility? If we start listing every possible scenario in the contract it would take weeks to read.


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## CompleteW&D (May 28, 2011)

blackbear said:


> Hardly,
> 
> I understand the importance of having a solid contract but at a certain point where do you draw the line. What happened to common sense and personal responsibility? If we start listing every possible scenario in the contract it would take weeks to read.


And probably never get signed....


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## J L (Nov 16, 2009)

We've got a pets clause as well as a kids clause in our contract. We're contractors, not babysitters. If the client is afraid the animal will run out while we're carrying materials through the door or painting the door as in the OPs case, then they need to take precautions to make sure that doesn't happen. If it does happen, we'll feel bad, but it's not our responsibility.

As for that being the reason for holding back the final payment. :no::no: Like woodchuck said, final payment is due upon completion and the job is done. Get over there and get your money.


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## CompleteW&D (May 28, 2011)

RemodelGA said:


> .... As for that being the reason for holding back the final payment. :no::no: Like woodchuck said, final payment is due upon completion and the job is done. Get over there and get your money.


Of course, a certified letter from your attorney about them being in breach of contract sure wouldn't hurt either. In eathier case, I'd take some action sooner rather than later. The longer you wait, the more control of the situation you'll lose.


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## thomasjmarino (May 1, 2011)

Are you saying that you only took 25% until you finished?

You really need to adjust your payment schedule so that the owner is not holding substantial monies when you are complete. 

They are taking advantage of the situation so as stated, you need to get your butt over there and get paid.
Isn't there a local animal control service that picks up strays and holds them to see if someone inquires?

If you don't approach them they will have lost a cat but found a p***y.

Sorry, had to do it! :laughing:


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## tgeb (Feb 9, 2006)

He has the cat trained to run out on the last day of the project so he doesn't have to pay. 

What did the cat look like? I've got a few strays running around here, I'll send you a couple. 

Seriously though, go get your final payment.

Maybe on the way, you could pick up some "road pizza" and announce "Hey I found your cat!"

Get paid, the cat is not your responsibility....


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## 480sparky (Feb 1, 2009)

Just to let you know, you're also responsible for the leak in the upstairs bathroom faucet, the missing shingles on the shed, the worn brake pads on the HOs car and the spat she and her sister had back in 1978 and haven't talked to each other since.


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## GCP&R (Jun 5, 2011)

Thank you all for your replies. I take it my best course of action is to forget the cat, the liability for the loss and collect my payment personally. Honestly this is something that I have never had to worry about, 15 years in the business. This was not a collectable or a possession, it is a living, breathing part of the homeowners "family". I feel extremely bad about the cat getting away on my watch and may be the reason I am so tentative to confront the homeowner. But I did my job, a damn good job too. Hopefully I am able to collect.


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## Paulie (Feb 11, 2009)

Take the HO out for Chinese and have them "find it" in the morning. :thumbsup:


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## TimelessQuality (Sep 23, 2007)

thomasjmarino said:


> If you don't approach them they will have lost a cat but found a p***y.


:laughing::laughing::clap:


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## thomasjmarino (May 1, 2011)

480sparky said:


> Just to let you know, you're also responsible for the leak in the upstairs bathroom faucet, the missing shingles on the shed, the worn brake pads on the HOs car and the spat she and her sister had back in 1978 and haven't talked to each other since.


Naturally :whistling


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## thomasjmarino (May 1, 2011)

Paulie said:


> Take the HO out for Chinese and have them "find it" in the morning. :thumbsup:


:laughing: :clap:


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## Rob PA (Aug 30, 2010)

I got blamed for drywalling a cat in once and i didnt get paid. You can try to get the final payment the best you can. A certified letter would work. If you really want to get a rise, file a police report for theft of services.


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## Bweikel (Feb 20, 2011)

Rob PA said:


> I got blamed for drywalling a cat in once and i didnt get paid. You can try to get the final payment the best you can. A certified letter would work. If you really want to get a rise, file a police report for theft of services.


Drywalled in the cat :laughing: :laughing: 

Sorry that's not funny but I can't help but laugh. How does that happen? :laughing:


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## Rob PA (Aug 30, 2010)

I didnt happen. It was the customers excuse for not paying the final draw. We were putting some rock up with the door closed. I mentioned to the customer about keeping kids, pets and nuclear secrets out of the room. They said ok. It was 2x4 framed with insulation, somehow the ho complained that after 3 or 4 days inside the wall they found the cat?? It didnt make any noise during that time?? I bet I never saw the cat the entire time we were there. Go figure.

The story is funny thou.


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## Aaron Berk (Jul 10, 2010)

You know if you had been walking the cat (or is it dog?)like every good contractor does...... this never would have happened.






Realistically, bill in hand standing at the door. I like face to face confrontation.


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## maninthesea (Nov 11, 2008)

Go over and tell him you did him a favor by keeping him from experiancing the hardest thing about owning a cat.........................Telling his parents he's gay.


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## App-ironworks (Sep 9, 2009)

I think he's been found.








Seriously, go get your money, you warned them.


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## jamestrd (Oct 26, 2008)

you werent negligent so theres nothing to "feel bad about'

its an animal..if its alive,it will come home....it probably already did..

like the very next day...all cats will run and hide if they are indoor cat...then they will explore..then go home for food..

the car was alwsy wihtin 50 feet of the home..promise u that...
dont act surprised it didnt come out when you ran around callin friskyyyyyyy...where areeeee youuuuuuu..

i think all laws allow for a 30 day payment before any real legal action can be taken... 
but for the type of work you did....You should neevr have left without it..

thats a stall tactic on payment.. a contractor bill will always get tossed aside...everythign else will be paid first..


you should also take credit cards...and on your contract, reserve right to charge final payments and have them sign..once you have their consent..theirs nothing they can really do ...you would have had your money 2 days later.....


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## maninthesea (Nov 11, 2008)

jamestrd;1219812you should also take credit cards...and on your contract said:


> Not neccessarily. A couple years ago one of my customers had told his guys to use his personal AMEX card for $7000 worth of work. AMEX called him to see if it was valid and he said no. AMEX sent me a letter saying they shut down my merchant acct due to fraud. I called his guys and they called him who called me and appoligized and offered to wire the money right now. I asked him instead to call amex and explain that he had made a mistake which he did. They told me I still had to apply for a new merchant acct and I found out later when reveiwing the books that they kept the service charge for 70 days even though they had not given me the payment! They also told me in one of the calls that even if I had CCTV video with audio documenting him verbaly agreeing and also signing in person the charge slip. He could later calim fraud and I would have to get my money back thru the courts they would side with the cardholder no matter what.
> I fired AMEX and have never felt any negitive effects.
> 
> Cheers Jim


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## Theophilus20 (May 19, 2010)

You can offer them a Free Cat!


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## jamestrd (Oct 26, 2008)

Man in the sea...

i stopped taking as well as stopped using any Amex a few years ago because they pissed me off.

Visa/MC Discover are much better that way...if its preprinted and they sign..they are done...

charges go through..

sure they can try and make a fraudulent claim of shotty work etc..

but that goes into an arbitration..then if anything..funds may get frozen..

but the preprinted agreement is worth its weight in gold...call visa and MC..you will see.


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## BC Carpenter (Dec 28, 2010)

I think you can work something out with him that might work for everyone:

Tell him if he honours the original price as agreed upon, you won't bill him the time you are currently going to for the manhours looking for his stupid pet.

If he doesn't, invoice him again then put a lien his house and bill him additionally for the manhours your crew spent trying to take care of his problem.


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## Rob PA (Aug 30, 2010)

People really do need to take some personal responsibility for their actions or inactions. I think too many times, we as contractors, let customers treat us like door mats in order to maintain a good image. I know sometimes you just have to do it.

But other times, you getting taken advantage of.


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## nEighter (Nov 24, 2008)

little pussy rolled back in after you left.. you have been afraid to go back thinking it isn't back home. Just remember pussy knows where it is fed and taken care of.. it comes back home on it's own. They are usually independent animals.. I wouldn't let that worry you.. besides if that one leaves there is always more out there.. 

we are talking about lost furry animals aren't we? :blink:


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## 3bar (Jan 14, 2011)

scope out the house or have a buddy ring the door for something, to see if the cat is there. lol


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## thomasjmarino (May 1, 2011)

nEighter said:


> little pussy rolled back in after you left.. you have been afraid to go back thinking it isn't back home. Just remember pussy knows where it is fed and taken care of.. it comes back home on it's own. They are usually independent animals.. I wouldn't let that worry you.. besides if that one leaves there is always more out there..
> 
> we are talking about lost furry animals aren't we? :blink:


:shifty: :whistling :thumbup:


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## GCP&R (Jun 5, 2011)

The HO's cat returned and he paid in full. I still wonder, if the cat had not returned would he have paid? Luckily for me I no longer have to worry about it. I'm still finding plenty of problems with customers but none of the complaints actually address the quality of my work. Rather meaningless issues in attempts to reduce the price or reason to not pay completely. What we have to put up with to earn a living grrrr.


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## BrandConst (May 9, 2011)

nEighter said:


> little pussy rolled back in after you left.. you have been afraid to go back thinking it isn't back home. Just remember pussy knows where it is fed and taken care of.. it comes back home on it's own. They are usually independent animals.. I wouldn't let that worry you.. besides if that one leaves there is always more out there..
> 
> we are talking about lost furry animals aren't we? :blink:


:thumbup:


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