Pay Up Or Else!!!!!!!!!!!

Discussion in 'Heavy Equipment & Pavement' started by GradeMan, Dec 2, 2007.

  1. GradeMan

    GradeMan LawnSite Member
    from canada
    Posts: 214

    What has anyone done for not receiving payment after they have finish a job?
    1. Sue
    2. Threats
    3. :gunsfirin:gunsfirin:gunsfirin
    4. Take it all back in front of everyone?
  2. PerfectEarth

    PerfectEarth LawnSite Bronze Member
    Posts: 1,734

    How long after finishing the job are we talking about?
  3. Gravel Rat

    Gravel Rat LawnSite Fanatic
    Posts: 9,544

    Contractors have parked a piece of equipment in the driveway so the homeowner can't get in or out untill paid. Contractors have placed rocks accross the driveway or removed part of the driveway. With a small community word spreads fast a homeowner is a slow payer or a non payer they are pretty much screwed they can't find anybody to work for them.

    Also with a smaller community the homeowner can't get away from seeing the contractor in the grocery store etc.

    GMUGNIER LawnSite Member
    Posts: 61

    Go down and post a Workman's lien on the property - plain and simple - then go to the courthouse and get a copy of the home mortgage - find out the name of the bank the home is financed with and the branch - then go to the exact branch of the bank that the home is mortgaged with and speak with the branch manager and make sure to involve the president of the bank as well. - Take my word you will get ya molah - might take a little time but thats ok - they have to pay legal interest until the lien is satisfied.. - Yes I found out the hard way - But I am a quick learner..

    Also for those out there that are prone to rash and voilent actions - just remember - when you take out a piece of someones driveway, or block access to a homestead - that is a felony - Yea I found out the hard way bout that too!! (Crunched a few select things with a 3YD bucket on a BIG excavator....) Take the right legal measures that I listed above and you will be ok...

  5. bobcat_ron

    bobcat_ron LawnSite Fanatic
    Posts: 10,101

    Out here, we have that problem with a lot of "select people", not to be a racist, but a lot of these "select people" are the local berry farmers. We submit a price, either in contract or estimate and when they don't pay we have to resort to putting lawyers on it and they pay up. Last job I was involved on was with over $500,000 worth of gravel and the bugger couldn't pay it, so a lien was put on it and he coughed it up-eventually.

    Other tatics we will resort to are not submitting site plans to City Hall until payments are made or with the contracts, absolute documentation and good pictures (that's why I take so many pics now!)

    The last resort we have had to take (only once, I swear) is going to one of the more prominent berry producers (that we have made friends with over the years) and give them the run down, they will talk to the cheap prick in their own language and get us the money.

    But always with the more stubborn "other" people it just takes some good kind words and reassurance that we aren't here to rip them off and take their money and run, we are one of the hand full of "good companies" still around.

    But it never hurts to carry a baseball bat in the back of the truck, I carry a nice shiny aluminum bat that I've nick named "Slim Sally".
  6. RockSet N' Grade

    RockSet N' Grade LawnSite Silver Member
    Posts: 2,454

    GMungier has the process down. Each state has its own process. Our lien process has been recently revamped: you file a pre-lien electronically to preserve your lien rights and then if necessary during a prescribed period of time, you file your lien. I was doing contracting in a big city back in the 80's and we did it a bit more "western" then, what we did then to collect our due will certainly land you behind bars with heavy financial penalty today. Every job (even time and material) should have a written agreement. Make sure you get progress payments so that at the end of the ditty, there is not much left on the table........a small bill at the end is easier for a homeowner to swallow vs. a large one. Commercial work is a different animal. Threats, acts of violence or damage to work already done or in process or even removing materials already delievered to the job can complicate your life dramatically. I personally don't like stripes, regulated meal/exercise time and don't want to spend time in the gray bar hotel........Learn your lien laws and rights......find a great ( not just good ) attorney and put them on retainer. The good old days of western justice just don't cut it anymore........but then again, I am getting older and find a lien and letter from my attorney seem to work just dandy and save me from having to exert useless physical energy.
  7. Construct'O

    Construct'O LawnSite Bronze Member
    from Sw Iowa
    Posts: 1,387

    Sunup works best,but high noon ,might also work.

    Get around early morning just as the sun is coming up.Unload the dozer and head for the house with the sun shining off the blade held high.

    Have sign on blade "Saying please have check ready by time i get to the house!!!!!! ":) Have serious thought about this a time or two! Then common sense kicked in.

    Went the lein method,took a couple years ,but owner sold the farm and the lein was paid before he could close on the sale.It does take time tho,just won't happen over night that is for sure.Good luck.:usflag:
  8. Kepple Services

    Kepple Services LawnSite Senior Member
    Posts: 374

    I just had to place a lein on a property not to long ago. I hauled 75 yards of debris off a property and did about 4 hours of machine work, and only ONLY charged him $1100 for everything. Before we started he understood that the minimum was going to be around $1200 and he agreed. After he actually told me to go F myself!... Yeah well, its a "flip" house and it isnt going anywhere without me getting paid. I placed the lein for $1300 also, the original quote plus $100 for being a PITA and for time in placing the lein. Bastid....
  9. Gravel Rat

    Gravel Rat LawnSite Fanatic
    Posts: 9,544

    I know what those people are like BR is talking about :laugh:
  10. RockSet N' Grade

    RockSet N' Grade LawnSite Silver Member
    Posts: 2,454

    Another option along with filing a lien is to also file a small claims court action. Small claims forms are easy to fill out, include the cost of service and filing in your claim. Lots of camera pictures, any documentation with dates and times, trucking tickets.........get together all the paper work you can to back up your claim. That also is a motivator to get paid. Keep notes on conversations with times and dates. Adding money for being a PITA after the fact is illegal and may invalidate your credibility and may invalidate your lien and lien rights, plus there could be negative financial consequences.........Kepple, maybe it is time for Judge Judy?

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