Hello,
I hired a roofing contractor to re-roof my house after he initially completed re-roofing my garage, however after starting the re-roofing of the house I haven't seen him in a month, but has been paid in full. In addition, he does not return my phone calls or text messages, and roof sits unfinished. Here is a little history.
I work as a commercial/industrial construction estimator and I frequently receive phone calls from subcontractors inquiring about work. I happened to receive a phone call from a what appeared to be a hardworking, honest roofing contractor looking for work, but unfortunately there was very little work available for him at the present time. I encouraged him to check back on a monthly basis, which he did. Throughout our phone calls, we got to know one another other fairly well. I mentioned to him that I might have a project for him but that this project was my garage roof. He showed enthusiasm at the possibility of work, and promptly came out to give me an estimate with the scope of work to be completed. I found his price and scope to be of fair value and gave him the authorization to proceed. He asked me for $800 upfront to procure the materials and I agreed to it. The next day he was at my house tearing off the roof and installing the new one; he was in and out in half a day. After inspecting the work and validating that he did supply and install the work outlined in the scope of work, I gave him the remainder of the money. The roof turned out great and he cleaned up the trash and removed all excess materials when he left. A month later he called me again to inquire about my house (I previously mentioned to him to call me in a month or two regarding the roof on the house) and the estimate he gave while working on the garage. I informed him I would have to wait a bit longer to get funds together, and he came back and volunteered additional scope while reducing his original estimate, after thinking about it for a couple of days I agreed. He asked for $1000 (out of $5,000) upfront to procure materials similar to the garage project and I had no problem giving him the funds since he did such a great job the first time. He showed up on the scheduled date and was able to complete 2/3 of the project. He asked for additional money for the completed work, which was expected, however the next day he called and asked if it was possible to pay him the remainder of the money (in good faith) and gave me all sorts of sob stories as to why he needed it. I thought about the working relationship we created, in addition to him doing such a good job on the garage and I agreed, but did so by stating to him my hesitations. Of course, he reassured me that he would not take advantage of me and went on stating how good of a job he was going to do, and how satisfied I would be with the job. During this discussion, we agreed he would come back after I finished completing some exterior repairs I doing in an effort to create a seamless finished product. My portion of work entailed jacking up the roof structure of an attached canopy. After completing my repairs, I called (9/20/10) to inform him that the everything has been completed and the house was ready for him to finish, he informed me he didn't have the material but was expecting to pick up later in the week and would be over to my house the following week. The following week came and went with still an unfinished roof. When I called (9/27/10) him to ask where he was I received his voicemail and left him a message. I called again the next day where I was able to speak to him personally, and again he stated he still has neglected to pick up the material and again he stated he planned on getting the material that week and would be over the following week. Since September 20, I have contacted him by phone 31 times. Once of those times I called him from a different phone number (assuming he was dodging my calls) where he did answer (proving my assumption correct) and I spoke very candidly expressing my concern that he took my money with the intention of never completing the project. The conversation went smoothly, ending with him agreeing to show up and finish the roof on Saturday 10/16/10, however on 10/15/10 I received a txt stating he fell off the roof and was going to the urgent care. I responded back stating I hope everything is okay and to call me to let me know how things went. On 10/16 (the day he was to show up and finish) he never showed, never called, nothing. I tried calling him but of course no answer, I then tried contacting him on an alternate number (a number he had recently contacted me from) where someone picked up the phone but immediately hung up. When in the process of redialing that number back I received a phone call on the other line, when I answered, it was the roofers brother, he indicated to me that his brother broke his wrist and two fingers and was currently sedated from the pain medication. He also stated to me that he would come over SOMETIME this week to finish it up, IF his brother was unable to do so. At this point I released some of my frustration telling his brother that as business owner a company does not halt production simply because the owner has injured himself, or became ill, and that his brother has the ability to at least show up and supervise while the work is being completed.
I grew up with my father working as a subcontractor who owned his own business. I was around to hear my father complaining how homeowners and general contractors were constantly holding his money, hearing a homeowner complaining about an imperfection on the wall that is visible after 3 pm when they stood in a specific area of the room. I was around to see how the stress and frustrations from these complaints literally ate away his stomach (the whole stomach became an ulcer), gave him constant migraines, and of course having to walk around on eggshells for fear he would lash out at. Because I able to see the effects on the subcontractor from homeowners and general contractors, I told myself I would not be that guy working for an arrogant general contractor, and that I would be fair and not force ultimatums down the throat of the subcontractor simply because I held their money. When I see a person who comes across as being hardworking and honest, but struggling, I tend to help them out as much as I can in an effort to prevent what happened to my father happen to them.
Here are my concerns and questions:
This contract ($5,000) was strictly verbal and all payments were made in cash. However, since he has started the work (showing proof he has agreed to the verbal contract) is he legally bound to complete the project?
What options are available to recoup the money for the unfinished work (approximately $1,650)?
Unfortunately, I was recently laid off and I don't have additional funds to pay another contractor, however with winter coming I may not have a choice. If I elect to sue him, am I entitled to go after additional money for such things as having to pay the contractor, a dumpster for all the trash he left behind, phone calls and gas for such things as temporary protection, and additional materials, etc.?
In addition, he has recently formed an LLC, would it benefit me (when attempting to collect) to address the roofing contractor personally or his company? I would also like to send him a 1099 but I don't have his EIN or SS# to do so, what are my options?
Thank you in advance. Another lesson in life, and proof why contracts were created.
Thank you,
Matt
I hired a roofing contractor to re-roof my house after he initially completed re-roofing my garage, however after starting the re-roofing of the house I haven't seen him in a month, but has been paid in full. In addition, he does not return my phone calls or text messages, and roof sits unfinished. Here is a little history.
I work as a commercial/industrial construction estimator and I frequently receive phone calls from subcontractors inquiring about work. I happened to receive a phone call from a what appeared to be a hardworking, honest roofing contractor looking for work, but unfortunately there was very little work available for him at the present time. I encouraged him to check back on a monthly basis, which he did. Throughout our phone calls, we got to know one another other fairly well. I mentioned to him that I might have a project for him but that this project was my garage roof. He showed enthusiasm at the possibility of work, and promptly came out to give me an estimate with the scope of work to be completed. I found his price and scope to be of fair value and gave him the authorization to proceed. He asked me for $800 upfront to procure the materials and I agreed to it. The next day he was at my house tearing off the roof and installing the new one; he was in and out in half a day. After inspecting the work and validating that he did supply and install the work outlined in the scope of work, I gave him the remainder of the money. The roof turned out great and he cleaned up the trash and removed all excess materials when he left. A month later he called me again to inquire about my house (I previously mentioned to him to call me in a month or two regarding the roof on the house) and the estimate he gave while working on the garage. I informed him I would have to wait a bit longer to get funds together, and he came back and volunteered additional scope while reducing his original estimate, after thinking about it for a couple of days I agreed. He asked for $1000 (out of $5,000) upfront to procure materials similar to the garage project and I had no problem giving him the funds since he did such a great job the first time. He showed up on the scheduled date and was able to complete 2/3 of the project. He asked for additional money for the completed work, which was expected, however the next day he called and asked if it was possible to pay him the remainder of the money (in good faith) and gave me all sorts of sob stories as to why he needed it. I thought about the working relationship we created, in addition to him doing such a good job on the garage and I agreed, but did so by stating to him my hesitations. Of course, he reassured me that he would not take advantage of me and went on stating how good of a job he was going to do, and how satisfied I would be with the job. During this discussion, we agreed he would come back after I finished completing some exterior repairs I doing in an effort to create a seamless finished product. My portion of work entailed jacking up the roof structure of an attached canopy. After completing my repairs, I called (9/20/10) to inform him that the everything has been completed and the house was ready for him to finish, he informed me he didn't have the material but was expecting to pick up later in the week and would be over to my house the following week. The following week came and went with still an unfinished roof. When I called (9/27/10) him to ask where he was I received his voicemail and left him a message. I called again the next day where I was able to speak to him personally, and again he stated he still has neglected to pick up the material and again he stated he planned on getting the material that week and would be over the following week. Since September 20, I have contacted him by phone 31 times. Once of those times I called him from a different phone number (assuming he was dodging my calls) where he did answer (proving my assumption correct) and I spoke very candidly expressing my concern that he took my money with the intention of never completing the project. The conversation went smoothly, ending with him agreeing to show up and finish the roof on Saturday 10/16/10, however on 10/15/10 I received a txt stating he fell off the roof and was going to the urgent care. I responded back stating I hope everything is okay and to call me to let me know how things went. On 10/16 (the day he was to show up and finish) he never showed, never called, nothing. I tried calling him but of course no answer, I then tried contacting him on an alternate number (a number he had recently contacted me from) where someone picked up the phone but immediately hung up. When in the process of redialing that number back I received a phone call on the other line, when I answered, it was the roofers brother, he indicated to me that his brother broke his wrist and two fingers and was currently sedated from the pain medication. He also stated to me that he would come over SOMETIME this week to finish it up, IF his brother was unable to do so. At this point I released some of my frustration telling his brother that as business owner a company does not halt production simply because the owner has injured himself, or became ill, and that his brother has the ability to at least show up and supervise while the work is being completed.
I grew up with my father working as a subcontractor who owned his own business. I was around to hear my father complaining how homeowners and general contractors were constantly holding his money, hearing a homeowner complaining about an imperfection on the wall that is visible after 3 pm when they stood in a specific area of the room. I was around to see how the stress and frustrations from these complaints literally ate away his stomach (the whole stomach became an ulcer), gave him constant migraines, and of course having to walk around on eggshells for fear he would lash out at. Because I able to see the effects on the subcontractor from homeowners and general contractors, I told myself I would not be that guy working for an arrogant general contractor, and that I would be fair and not force ultimatums down the throat of the subcontractor simply because I held their money. When I see a person who comes across as being hardworking and honest, but struggling, I tend to help them out as much as I can in an effort to prevent what happened to my father happen to them.
Here are my concerns and questions:
This contract ($5,000) was strictly verbal and all payments were made in cash. However, since he has started the work (showing proof he has agreed to the verbal contract) is he legally bound to complete the project?
What options are available to recoup the money for the unfinished work (approximately $1,650)?
Unfortunately, I was recently laid off and I don't have additional funds to pay another contractor, however with winter coming I may not have a choice. If I elect to sue him, am I entitled to go after additional money for such things as having to pay the contractor, a dumpster for all the trash he left behind, phone calls and gas for such things as temporary protection, and additional materials, etc.?
In addition, he has recently formed an LLC, would it benefit me (when attempting to collect) to address the roofing contractor personally or his company? I would also like to send him a 1099 but I don't have his EIN or SS# to do so, what are my options?
Thank you in advance. Another lesson in life, and proof why contracts were created.
Thank you,
Matt
