Defective drywall

[Drywaller]

I am a drywall contractor and I bought 20,000 feet of drywall from a supplier outfit,The drywall had defects in it ,I was told that I would be compensated for my time to fix drywall from the manufacturer(roughly 400 sheets). I billed supplier $1000.00,They billed manufacturer.I called manufacturer they said they credited supplier ,Supplier wont pay me,manufacturer said they paid them and go after them.I believe manufacturer should pay me directly.What can I do about this without going to court?I really dont want to miss more time out of work if I dont have too.
Thank you

 

[JETX]

"What can I do about this without going to court?"
*** Probably nothing.... but to answer this correctly, we need to know EXACTLY what you have done so far.

 

[Drywaller]

What I have done so far is made alot of phone calls,The supplier I bought drywall from wont even answer my phone calls or return messages.I called drywall manufacturer and they said they will call supplier,But still no response from either one.The manufacture rep said they credited supplier and they should pay me.So I called customer service of manufacture,And nothing still .
I am in the process of filing a complaint to the attorny generals office of NH and see what they say,What would be my best method to get my money?without going to court.

 

[JETX]

Tell ya' what you gotta' do....
Call my cousin 'Vito' (I will send his phone number under separate email). Tell him you have a 'little problem' that you want him to take care of...... He will probably want you to meet him in a dark alley late at night to 'finish the deal', but he is a really good guy so don't be afraid.

Other than Vito, your options without a lawsuit are REALLY slim.

 

[HomeGuru]

My cousin Vito and his cousin Vinnie.

 

[hsresllc]

Get even$

Order a 1,000 worth of materials? Don't pay him, he will be bringing you to court!! Just kidding. You should be able to go to small claims court yourself and file a suit. Its easier than lawyers make it out to be. The court sets a date, you bring any evidence supporting your case and the judge will decide if you are right or wrong.( name both companies in the suit). I'm sure the judge will tell you to get it in writing next time this occurs. Kinda like a change order authorizing more or additional work.

 

[JETX]

You should be able to go to small claims court yourself and file a suit. Its easier than lawyers make it out to be.

*** I guess you didn't see the following in the original post:
"What can I do about this without going to court?"

 

[hsresllc]

I read it

sometimes just filing it could trigger a better response. I read into it like he dreaded hiring a lawyer to drag it out.

 

[HomeGuru]

sometimes just filing it could trigger a better response. I read into it like he dreaded hiring a lawyer to drag it out.

**A: oh brother.

 

[Peety]

sometimes just filing it could trigger a better response.

It could ..... if you provided him with a copy of the evidence you plan to bring to court ..... you know ..... that letter from the Mfg. stating they did in fact credit the supplier $1000 because of your claim, and a copy of your letter of demand to the supplier, along with an offer to drop the case if he wants to make payment in full.

Let's see, you billed the supplier, they billed the Mfg., the Mfg. credited the supplier, and the supplier wants to keep the money for themselves. I think the court would have no trouble finding in your favor. Ask for a cashiers check.

Remember, he will have to loose time too, or spend money to hire someone to attend the session. The reason I said "remember" is to suggest that you not accept less $$ for dropping the case. Why? Because he stands to loose (money & time) also. So settling out of court benefits him as well as you, and your current losses still stand.

 

[Drywaller]

Well thats exactly what I did,Called manufacturer again and told them I will need proof that they credited supplier so I can bring it to court.
They looked into it and come to find out supplier(CROOKS),Billed manufacturer
$4,000.00.For my $1,000.00 bill.Sales rep from manufacturer was a little upset with them and I received a check from supplier within a week.If Supplier(Stupid crooks) would have paid me within a reasonable time,They would of got away with an extra $3,000.00.
Thanks for all the replys

 

[HomeGuru]

What exactly was the defect in the drywall and were any of the sheets Type X or Greenboard?

 

[Drywaller]

The sheets had little blisters,bubbles on the face side and needed to be cut around and patched.
All the drywall was 1/2" regular drywall,no type X or green board.

 

[HomeGuru]

The sheets had little blisters,bubbles on the face side and needed to be cut around and patched.
All the drywall was 1/2" regular drywall,no type X or green board.

**A: Ok, thanks....