Consumer Law, Warranties Contractor Fraud

[toniintc]

Jurisdiction

Michigan

Hello. I live I Michigan. I hired a roofing contractor, Tyler, to replace my roof. Total written quote was $4000, end amount was $5500 due to some extra work that had to be done.

The job was a nightmare. A 3 day job took 6 weeks, I had to call and text daily to get them to work on it. Finally it was completed, I cut a check for the remaining amount in full and sent Tyler on his way.

Two weeks later I get a call from a guy I don't know, Frank. Frank tells me that Tyler ordered $3000 in materials (which doesn't sound right, but i have no receipts yet) for my roof under Frank's account with a building supplier (we'll call them ABC Building Supply) without Frank's permission. Frank says that ABC shouldn't have done that without checking ID. I agree.

Frank says Tyler told him I hadn't paid my whole bill and Frank asked if I would pay the remainder to him. I stated I had paid my whole bill. Frank was very cordial but said he was going to put a contractors lein in my house.

I've educated myself on contractors and supplier leins now. However, all the examples aren't completely analogous to my situation.

Am I liable for this? I know the law isn't based on how I or anyone "feel" about things, but isn't the supplier liable at least in part for not being responsible and checking ID?

For reference I have all my texts and recordings of my phone calls with Tyler and the one with Frank. (Michigan is a one - party consent state)

Toni

 

[mightymoose]

This isn't your problem. This is between the contractors and the store. If he attempts to place a lien you should be able to easily fight it off.
If you paid with checks you should be able to easily prove payment. Hopefully you have a written contract showing the estimate and additional work too.
If they continue to contact you don't engage in their argument. Anything they have to say or demand should be put in writing, and you can deliver anything they send you to an attorney if necessary.
If he is threatening a lien you should make it a point to have every bit of communication documented from this point forward.
Still, it sounds like an empty threat. He's going after the wrong person.
If you hear from Frank again you might suggest he report Tyler to law enforcement for fraud. It seems Tyler didn't use the money you paid him too pay for the materials he ordered on Frank's account.

 

[toniintc]

Yes, I paid with checks. I have everything documented, texts and recordings of all phone calls. I have the original quote and an email "documenting" the additional charges. Basically I have as many of my ducks in a row as possible.

Thanks for the reply. If anyone else has a differing opinion I'm all ears, but this is pretty much exactly what I was thinking.

Toni

 

[army judge]

Yes, I paid with checks. I have everything documented, texts and recordings of all phone calls. I have the original quote and an email "documenting" the additional charges. Basically I have as many of my ducks in a row as possible.

Thanks for the reply. If anyone else has a differing opinion I'm all ears, but this is pretty much exactly what I was thinking.

Toni

Why not call the cops and ask them to investigate?

Why do I suggest that?

These two clowns may pull this scam everyday to bilk MORE money out of unsuspecting homeowners.

Don't you think it odd that one clown would call you and hold you responsible for the other clown allegedly cheating him?

I do.

I'd call the police, tell them what transpired, and see if they are interested.

 

[toniintc]

Yeah, I've considered it and now with someone echoing my thoughts I think I will. Thanks.

 

[army judge]

Yeah, I've considered it and now with someone echoing my thoughts I think I will. Thanks.

Let me know what how the police respond.

Even if the cops do nothing, if someone else complains, I bet the cops get curious, too.

At any rate, don't respond to the scammer when he calls again, except to say, "You've contacted the police, and the matter is now in the hands of your attorney. Under the advice of your attorney and the police, you can't comment further. Please don't call me again. I suggest you speak with (YOUR CITY NAME) Police Department, goodbye."

Please let us know what develops, thank you, mate.