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Contractor's Left Over Equipment

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M

monkeygirl2760

Guest
What is the name of your state? Pennsylvania

I hired a contractor last fall to build a barn and replace the roof/shingles on my house. He told me that if I helped him do the barn, then he wouldn't have to hire his guys to help which would save me money and then he would only have to have the guys help with the roof of the house and some of the roof of the barn. Also, my agreement with him was that I would pay for all the materials outright so none of it came out of his pocket. I agreed to this. During the course of his time at my property, he also offered to help cleanup some of the trees left from the excavation and to help me clear some land for property. He would then use the trees to sell for firewood to make some extra property. I didn't need to pay him since he would make the money on the sale of the wood. Many days I helped cut up firewood, and he helped me clear for the pasture for my horses. Once the barn shell was done and my roof on the house, he continued to cut some more trees and split some wood. But after a while he stopped. In the meantime he left his dump truck up in my field, his trailer for his bobcat in the field and 4 huge piles of wood in my field. His Bobcat is located outside the front of my barn, and his woodsplitter he chained to the inside of my barn. Everything in the field I told him could not stay there. I told him that once spring came I would be fencing that area in and that he needed to move it. I even offered to let him store the firewood on the property at a location where he would be able to get to it to sell it since he didn't have any place to store it, but he put it in my field instead. Now Spring has arrived and I'm trying to get things cleaned up, fenced in, and brush burned. Besides the equipment and firewood, he also started to leave ladders and some left over building materials in piles on my property. For the last 6 weeks (starting in February), I have asked very politely for him to get the equipment and stuff out of my field since the weather has been getting better. He continues to tell me that he'll be over on the weekend, but never shows. I've made at least 4 calls to him and need the equipment out NOW. What are my options? Some people tell me i need to put it in writing and then have the stuff impounded? Some say that if the equipment is on the property for more than 6 months just sitting there that I can take possession of it. I just don't know. Obviously I could use a Bobcat, but definitely not the dump truck. Its old, and rusty, and will be rotting in my field if left there much longer. What are my options? Any help would be greatly appreciated. I need to get the field cleared ASAP, and niceness has definitely not worked. I feel as though I'm being taken advantage of.
 


BL

Senior Member
I hired a contractor last fall to build a barn and replace the roof/shingles on my house [ Quote ]

Did you have a written or verbal contract ?

Is the work completed,and the wood you promised the other Party been cut and ready for sale ?

Piles of Junk ? You said you'd help him out to save money .

Bottom line is, if the work is complete, the other Party was given what was promised , Send the request for removal of his Property CERTIFIED MAIL RETURN RECEIPT REQUESTED to that Party to the Contract. Specify what ( describe each item of their property ). Give them 30 days from the receipt of your request to remove these items.

If the items are not removed consult an attorney about your rights to claim them and dispose of them as you wish.
 
M

monkeygirl2760

Guest
Blonde Lebinese said:
I hired a contractor last fall to build a barn and replace the roof/shingles on my house [ Quote ]

Did you have a written or verbal contract ?

-----Verbal-----

Is the work completed,and the wood you promised the other Party been cut and ready for sale ?

---- The barn is complete with the exception of one board. The only other work he said he would do, which we talked about later, was the electric in the barn. He said he would do it for me, started it one day and never finished it. I was to pay him for the supplies, but he never gave me the receipts and hasn't asked for payment yet.-----

Piles of Junk ? You said you'd help him out to save money .

------- I told him he could store the firewood on the property since he didn't have any place to store it while he sold it. I told him to come over and we'd find a place out of the way and then he could clear it and stack the wood there. I told him it couldn't go in my field that was cleared, but that's where it put it anyhow and when I found out he started throwing it in piles there, I told him that it couldn't stay there and had to be moved out for me to put the fence up in the spring.-----

Bottom line is, if the work is complete, the other Party was given what was promised , Send the request for removal of his Property CERTIFIED MAIL RETURN RECEIPT REQUESTED to that Party to the Contract. Specify what ( describe each item of their property ). Give them 30 days from the receipt of your request to remove these items.

--------Do I have to give him 30 days when I have talked to him at least 4 times in the past 6 weeks and have told him that it must be moved out so that the fence can go up? Why can't I give him a week's notice or something closer to that?---------

If the items are not removed consult an attorney about your rights to claim them and dispose of them as you wish.
 

BL

Senior Member
Also, my agreement with him was that I would pay for all the materials outright so none of it came out of his pocket. I agreed to this. [ quote ] [ from your first post ]

On your second post you now ADD ON or Negotiate more work ( ie: electrical ).

Yes, 30 days . Give reasonable written notice !! So there is NO QUESTION of the Verbal Contract and the meeting of the minds.

What I would suggest to you is IF you are STILL doing business with this party draw up a written Contract . Specify everything in detail ( what's do be done, end dates, who's paying for what & when,etc. ).

If the other Party is NOT willing to continue working for you under that written contract, End the Verbal contract, Give him the 30 days written Notice,and go from there.

IT appears there has NOT been a meeting of the minds here. Meaning the other party is NOT clear on what you and he agreed too,
Plus the fact you have verbally ADDED on other work , would give question as to whether or not the Verbal Agreement(s) were clear.

When ever entering into a contract get it in writing with specific details. This will protect ALL parties to the contract ,,and one can not dispute the accuracy of it.

Again YES 30 days. It would be your word against theirs otherwise.
 
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