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Customer wants money back-MD

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Bejank

Junior Member
I recently poured a concrete slab for a customer. Our contract states that I would be paid a total of 4,790.00 for materials and labor to remove an existing slab and pour a new bigger slab in its place. I received a $2,500.00 deposit for the cost of the concrete and other materials upfront. The job was completed by me and my concrete subcontractor. When the job was completed the customer gave me my final check of $2,790. She then placed a stop payment on the final check and called to tell me that she had done so because after closer inspection she does not like the concrete slab after all. I went back over, looked the job over and saw a few places that were not perfectly even(small dips) I told her I would get back to her after I had my concrete subcontractor come over and look it over and we would then see how we could remedy the problem. When my concrete subcontractor went over by himself he, on the side, entered into a separate written and signed contract with the customer to lay stonework on top of the concrete. Either he or the customer than put my MHIC number on the contract without my consent or knowledge. She has since written me a letter to tell me that she does not like the stonework and that she wants all the money back from me that she has ever paid me and my subcontractor, which comes to $4,250 ($2,500 to me from my contract and $1750 to subcontractor for stone contract). She says if she does not get this money from me she will hire another company to come rip everything up and start over and then send me the bill. She says I am responsible for the stonework since he was my original subcontractor.
My question is this, since she hired my subcontractor on her own to lay stonework on top of my concrete job, which prevents me from fixing the concrete, isn't that considered accepting my concrete job as is? Can she sue me for any money at this point? and Can't I take her to small claims court to get rest of the money due on MY contract which would be $2,290.00?
 


Bejank said:
I recently poured a concrete slab for a customer. Our contract states that I would be paid a total of 4,790.00 for materials and labor to remove an existing slab and pour a new bigger slab in its place. I received a $2,500.00 deposit for the cost of the concrete and other materials upfront. The job was completed by me and my concrete subcontractor. When the job was completed the customer gave me my final check of $2,790. She then placed a stop payment on the final check and called to tell me that she had done so because after closer inspection she does not like the concrete slab after all. I went back over, looked the job over and saw a few places that were not perfectly even(small dips) I told her I would get back to her after I had my concrete subcontractor come over and look it over and we would then see how we could remedy the problem. When my concrete subcontractor went over by himself he, on the side, entered into a separate written and signed contract with the customer to lay stonework on top of the concrete. Either he or the customer than put my MHIC number on the contract without my consent or knowledge. She has since written me a letter to tell me that she does not like the stonework and that she wants all the money back from me that she has ever paid me and my subcontractor, which comes to $4,250 ($2,500 to me from my contract and $1750 to subcontractor for stone contract). She says if she does not get this money from me she will hire another company to come rip everything up and start over and then send me the bill. She says I am responsible for the stonework since he was my original subcontractor.
My question is this, since she hired my subcontractor on her own to lay stonework on top of my concrete job, which prevents me from fixing the concrete, isn't that considered accepting my concrete job as is? Can she sue me for any money at this point? and Can't I take her to small claims court to get rest of the money due on MY contract which would be $2,290.00?
Why did you delete the question?...Did you not think that we had a good reason to ask?????

Why did you not answer the question?.....WE ASK "WHAT STATE" FOR A REASON...IDIOT!

It eliminates the confusion above.

If you can't follow the rules...Then be prepared to receive substandard answers!

My apologies JETX.

Frickin idiots...
 
Last edited:

acmb05

Senior Member
Bejank said:
I recently poured a concrete slab for a customer. Our contract states that I would be paid a total of 4,790.00 for materials and labor to remove an existing slab and pour a new bigger slab in its place. I received a $2,500.00 deposit for the cost of the concrete and other materials upfront. The job was completed by me and my concrete subcontractor. When the job was completed the customer gave me my final check of $2,790. She then placed a stop payment on the final check and called to tell me that she had done so because after closer inspection she does not like the concrete slab after all. I went back over, looked the job over and saw a few places that were not perfectly even(small dips) I told her I would get back to her after I had my concrete subcontractor come over and look it over and we would then see how we could remedy the problem. When my concrete subcontractor went over by himself he, on the side, entered into a separate written and signed contract with the customer to lay stonework on top of the concrete. Either he or the customer than put my MHIC number on the contract without my consent or knowledge. She has since written me a letter to tell me that she does not like the stonework and that she wants all the money back from me that she has ever paid me and my subcontractor, which comes to $4,250 ($2,500 to me from my contract and $1750 to subcontractor for stone contract). She says if she does not get this money from me she will hire another company to come rip everything up and start over and then send me the bill. She says I am responsible for the stonework since he was my original subcontractor.
My question is this, since she hired my subcontractor on her own to lay stonework on top of my concrete job, which prevents me from fixing the concrete, isn't that considered accepting my concrete job as is? Can she sue me for any money at this point? and Can't I take her to small claims court to get rest of the money due on MY contract which would be $2,290.00?
Yes it is an acceptance of work.

You should take her to small claims to recover any money owed to you. You should also file a complaint against the subcontractor for using your number. There is a good chance that he could lose his license over that.

On a side note you could also file a lien on her home for what she owes you.
 

JETX

Senior Member
StickyFingers said:
Why did you delete the question?.
My point exactly. There are certain MINIMUM requirements for this forum. And one of them is for the poster to tell us WHERE (since laws are different). It is so important that we even started asking the question of location as a DEFAULT... as the FIRST question asked for any post.
This idiot had the 'energy' to DELETE the question.... yet the foresight to put MD in his signature line?? :D
And therefore, my sarcasm response.

If a poster can't follow EXTREMELY SIMPLE rules.... complex issues like the law will clearly be over his/her head.

My apologies JETX.
No problem. I figured you 'got it' when that light bulb over your head burned so bright!! :D
 

Bejank

Junior Member
Thank you for your reply and advice acmb05. Also just wanted to state that when I posted there was no special place or question about where I resided and that is why I just put the abbreviation for my state in the title. Sorry for the confusion.
 

BelizeBreeze

Senior Member
Bejank said:
Thank you for your reply and advice acmb05. Also just wanted to state that when I posted there was no special place or question about where I resided and that is why I just put the abbreviation for my state in the title. Sorry for the confusion.
And that was a lie. So, now what is the next lie?:rolleyes:
 

JETX

Senior Member
Bejank said:
Also just wanted to state that when I posted there was no special place or question about where I resided and that is why I just put the abbreviation for my state in the title.
WOW!!! Go out right now and purchase a MegaBall lottery ticket!!
Because if your statement is true, you are one out of about 150,000 posters on this site since the 'where location' was made a default.... to NOT get that question!!!
Definitely lottery time since you beat those 'where question' odds.
 

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