truckman5000

Have an issue, that ive never had.
Im a HVAC contractor.
I have a contract through a property manager, that was getting quotes for his client. The contract was awarded to me, he singed it, the check came from the owner ( i never knew about him being a middle man).

Me and 2 other HVAC contractors met at the same time ( wired). We all gave quotes on " adding a/c on to the existing system". After a discussion on options and cost's. He chose the cheapest option.

I did the job, and the owner of the home is a "lawyer" and expected the system to be in the attic ( existing system in the basement). Demands that the system be installed in the attic at no cost, says the contract and his "guy" dosnt bear any weight in the court and he will just sue me, unless the gas HVAC system is located in the attic.

Were he has me, he called a no a/c call in over the weekend (system worked fine) he put rugs/ furniture over the vents. My HVAC service guy told him that the system just should be in the attic because of his furniture lay-out ( he didnt even know we did this system/ complaints)..

I offered to credit labor off all we did, and him pay for what he ultimately now wants ( system in the attic....cold climate..)He demands we do the job in the attic at no cost....
I want to take him to court because i have the other bidders quote also. Also, because i know this is his fault and hes making it mine..
Thoughts? Thanks.

Octania

Your lawyer would have a very good time watching him answer the part about how he call in a no-AC problem which he caused by blocking the air passages.

I am sure there is more to the story, and I can't even make sense of what is here now, but, as a layman, I would love to be on that jury.

Remind him that countersuits are also easy to file.

68442

Your Contract is what is legal and binding. The individual who signed the contract is with whom you have the agreement. Your contract should have outlined what you are/were to do period. regardless of what others were bidding on. If i understand properly the property management co. is who signed your agreement/contract. If you are not getting paid your suit is with the signator of the contract(management co.). If the owner did not get what he wanted/or expected his beef is with the management co. he left in charge to outline the project to perspective bidders. All this assumes you have a good detailed contrat detaling exactly what you were to do. He can sue you all he wants he and you have no legal binding agreement between each other, he is trying to bully you. BTW how did you know he was a Lawyer?? Did He tell you that? I am in the same business as you and it has been getting worse over the last ten years. I feel for ya.

Gmcdually

I am a general contractor which sorry to say will not work for a lawyer . past experience, they always seem to use the law to get something for nothing. I have simply walked away for these situations and learned from them.
understand expensive lesson but life is short. Much luck if you choose to sue , but usually cost more money unless you have a contract which supports you.

truckman5000

Thanks,
So i guess to put it quick...
I quote/ do the job for a middle man ( singed contract by middle man, check by owner).
Owner checks the cheapest option on quote ( adding a/c to existing) (there was 2 other options).
The owner "lawyer" says system to be in the attic ( after he notices furniture covering vents)

I have a check and contract from this guy that makes = cheapest option.
An acquaintance was looking at the job at the same time= I have his quote ( adding to existing)

The "lawyer" says non of this will hold in court and he'll win..???

I run a company with 34 guys, i never had this kind of problem..??

truckman5000

Completely agree, honestly i have no problem giving the job to him...But you know..

76olds

I agree with 68442, if the contract was signed that the instillation would be in the basement then your all good.
Regardless if the homeowner moved the furniture after the work was done has nothing to do with you.
If you had a quoted and signed work order with the property management outlining the work will be done in the basement then your good.
Invoice the property manager, say nothing and write alot less with the homeowner.
I was burnt very recently for $18,500, I didn't take pictures of the work I shipped out, never again I take pics of everything now.

Gmcdually

Did you say you have a check . Deposit or full payment for work completed? Depending on how much job was can sometimes cost more to fight . They know this .

MDchanic

I am not a lawyer, but I would agree that your business relationship is with the person or entity with whom you signed the contract, regardless of where the check came from.

Deal with that person only.

Anybody can sue anybody at any time for any reason - winning is another story.

And, remember, judges are busy, if not overwhelmed, and do not appreciate lawyers, especially lawyers they work with, wasting their time with BS lawsuits.
If this guy brings an unfounded suit, it is very likely that the judge will not be very happy with him.

- Eric

442

I think I would return the check via certified mail if you still have it, then go to the mgmt. Company for payment.

Olds64

That is definitely a bummer. I agree that you should only deal with the property manager since he was the one you had the contract with. Unfortunately, if the owner wants to sue you then he can. I doubt the lawyer would win since you have a contract with the property manager.

citcapp

Cease talking with the owner, you might say something wrong that will work against you. Talk only to the Property manager if he throws his hands in the air then turn everything over to a collection agency. Do not deal with the owner. You have a contract and that is binding. If he sues you then deal with it thru a lawyer of your choosing. Never ever deal with the owner no matter what he says. I have been in business over 5o years as a electrical contractor and been thru this before, any lawyer will tell you not to talk to the owner.

76olds

X2 !! Great advice " Say nothing and write alot less with the homeowner"

zeeke

I am also a contractor. GMCdually is one of many as well as myself and other contractors I know who have been hung out to dry when it comes to lawyer's. They know how to play the game & assume you are just a dumb contractor. I've tried unsuccessfully for years to get payment from the one I worked for. He was even Federally indited. He screwed people for years and got away with it. Got caught up in trying to sell the NYC mayors seat to someone. He never got hooked up for screwing people personally (and the list is long as I found out later) but is in club Fed now dong a 10 years stretch. I'll never get paid but karma does exist sometimes. My advise is get a good lawyer but do not tell them the other guy is also a lawyer or they will not take the case. I also learned that the hard way. Let your attorney find that out on his own. Once he's into the job he can't turn you away. This sleaze ball will come after you unless you lawyer up. Once you do that he'll know he's in for a fight he will not win, bad news is you will most likely have to do some sort of settlement. It's hard but try to look at it as education. That's how I finally came to terms with it. As citcapp stated do not talk to him any longer. They know exactly what they are doing.

truckman5000

Thanks for the replies, learn something every day.
The other owner decided to just do what this jerk wanted to have done. I dont like getting pushed around, but to loose 2 days labor on a job is cheaper than lawyers. We only did this if we got paid in full, witch we did.

oldcutlass

In the state of Texas you can file a lien yourself on the property for about $12 at the County Court House. You have to send a letter of intent before and I believe you have 90 days after the completion of the job to do so. In order for it to be released there has to be some sort of settlement prior to the property being sold. Its a pain in the a$$ for the property owner. You need to figure out how to file a mechanics lien in your state.

oldcutlass

In addition, small claims court loves no it all attorneys that are trying to screw contractors. In Texas its $50 dollars to file a suite.