silt fence repo ?

Discussion in 'Heavy Equipment & Pavement' started by Marek, Mar 25, 2014.

  1. tbi

    tbi LawnSite Senior Member
    from NY
    Posts: 478

    But if he goes to borrow money to build the house which sits on the property and you have a mechanics lien on it the bank will say wooooww what's this about?
     
  2. whiffyspark

    whiffyspark LawnSite Fanatic
    Posts: 6,088

    I had an issue similar to this. The guy already had several federal liens on the house.

    He put everything in his company name. When something happened he'd start a new company
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  3. 1idejim

    1idejim LawnSite Fanatic
    Posts: 8,853

    Your comments and intents don't paint a pretty picture for perspective clients if you follow through and get arrested for a multitude of crimes.

    You really need to think this through and seek legal advice. Been in your position and don't envy you, best of luck.
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  4. Marek

    Marek LawnSite Bronze Member
    Posts: 1,385

    I was given 1/2 a week ago and should be getting the other half tomorrow. Not really worried about what others may think and not worried about going to jail as it would never happen. I talked to the grading inspector and told him about it and he said do what ever you need to do , its your fence.I told his real estate agent that I was going to put a judgment against the property and she wouldn't be able to settle it . As far as what future clients may think, they will think they need to pay their bills because we wont play games with those who don't. I feel that giving them 5 months to pay was being nice enough.
     
  5. 1idejim

    1idejim LawnSite Fanatic
    Posts: 8,853

    I know first hand that you cannot remove an article that has been installed. Cars, trucks, tv's etc can be removed or repoed as they're not.

    You installed the fence, it's their property regardless of whether they paid you or not. Threatening the realtor and complaining to the inspector (who's not a cop) was childlike, you're supposed to be a professional, act like one.

    File your pre-liens and liens like you're supposed to and you'll have a legal leg to stand on. Don't and take your chances.

    If you had pulled the fence down you would have been the person liable for the penalties the EPA would levy, not the owner. If the owner didn't have you arrested the EPA could have. It's a different world, you have to work smart.

    A smart owner could have your butt in court for a long time, hope you get your other 1/2 and a better grip on your temper. :)
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  6. Marek

    Marek LawnSite Bronze Member
    Posts: 1,385

    Temper is fine. 10 yrs ago I would have pulled the owner out and made them help pull up the fence ! You and I see things differently my way worked just fine for me and I didn't need to drag it out in court . I am just a person of principle they were supposed to pay and they are , plain and simple
     
  7. 1idejim

    1idejim LawnSite Fanatic
    Posts: 8,853

    You got lucky, that's all. This isn't about being right or wrong, it's about what you can legally do and how you conduct yourself professionally. I thought I could remove property that I bought, paid for and installed, myself. I thought wrong and got Off cheap by only losing $26,000. It could have been way worse.
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  8. whiffyspark

    whiffyspark LawnSite Fanatic
    Posts: 6,088

    In md just cause you file a lein doesn't mean you'll be paid.

    I did a land clearing job 3 years ago for someone. He owes me a few k and refuses to pay. We were going to lein his house but he already had several federal Leins on it so what was the point.

    Used a collections agency instead. He didn't care didn't respond to anything and it's on his report.

    He almost single handly put me out of business. Less than a week later I had something similar happen on two large landscaping jobs. Both were lawyers. They're wife's decides they didn't like a plant THEY picked out so they refused to pay.

    One I got to pay. Lost my ass on that one. The other one nothing.
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  9. tbi

    tbi LawnSite Senior Member
    from NY
    Posts: 478

    I did a landscape job for a GC at a nursing home once and the terms were 1/2 down the balance on completion. Being the nice guy I am I was done and had nothing. The super kept saying he check is in the mail. I showed up the day before the open house with the same old story. So I walked over and pulled a shrub out and tossed it in my truck form 20' away and said I'll be back for the rest at the 9 am open house. 6 am I got a phone call saying I got your check and van you bring that shrub back when you pick it up.
     
  10. 1idejim

    1idejim LawnSite Fanatic
    Posts: 8,853

    Please accept my apology I researched licensing in Maryland and discovered why you feel the way you do about my comments. Sorry.
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