Customer wants money back & doing so by a demand letter.

[Dockfather]

We build docks and entered into (2)separate contracts, one which was fulfilled & the second has not... We have taken a 10% deposit from the customer and they are unsatisfied with the time it's taken to get to them... Meamwhile, we've get them in the loop on our scheduling and what's going on. We've received a letter feom their lawyer demanding payment of WAY OVER what's been given to us PLUS they're holding our tools for ransom. What rights do we have? I've got a contract signed that doesn't consist of a time frame and states that by signing the contract they're agreeing to ONLY use our company for THAT JOB.
We need help on what our rights are please.

 

[Zigner]

If there is no time frame listed, then it reverts to "reasonable". If you have breached the contract by not performing in a "reasonable" time, then you can't hold them to it. If they are holding your tools "hostage", then speak to the police, as that is illegal.

 

[adjusterjack]

they're holding our tools for ransom.

I think it's really dumb for any contractor to leave tools and equipment on the jobsite.

 

[justalayman]

I think it's really dumb for any contractor to leave tools and equipment on the jobsite.

Have you ever transported an excavator or bulldozer? Leaving them on the job is the only practical action.

Additonally I’ve known contractors that have trailers that hold all of the tools of the trade to do their work. They park the trailer onsite and leave it there until their work is done. Can you imagine hauling a 30-40 foot trailer to a jobsite every day? What if you aren’t going home right after work? What if the jobsite is 50 miles from home?


In the case at hand the contractor has already fulfilled one contract at the site. I see nothing wrong with leaving tools at the jobsite given the engagent into a new contract at the same site.

 

[adjusterjack]

Everybody has reasons for doing things that work to their detriment. If contractors routinely leave tools and equipment at a jobsite, no matter how good the reasons are, they do so with the risk of something bad happening.

 

[quincy]

I agree with Zigner that the tools cannot be held legally by the customer. If the tools are not returned on demand, Dockfather can file a theft report with the police.

 

[justalayman]

Everybody has reasons for doing things that work to their detriment. If contractors routinely leave tools and equipment at a jobsite, no matter how good the reasons are, they do so with the risk of something bad happening.

Yes they do and generally it’s a calculated risk.


I doubt the claimed retention of the tools would amount to a crime. As usual we have not heard from the opposing party. They may be saying something quite different than op is claiming.


I suspect if the police become involved (which would be a reasonable action by the op) it would come down to;

Cops; you can’t hold the tools hostage. If you have a complaint you’ll have to address it in the civil courts.


If they then refuse to relinquish the tools, then it could become criminal.

 

[Zigner]

Yes they do and generally it’s a calculated risk.


I doubt the claimed retention of the tools would amount to a crime. As usual we have not heard from the opposing party. They may be saying something quite different than op is claiming.


I suspect if the police become involved (which would be a reasonable action by the op) it would come down to;

Cops; you can’t hold the tools hostage. If you have a complaint you’ll have to address it in the civil courts.


If they then refuse to relinquish the tools, then it could become criminal.

Criminal conversion comes to mind.

Of course, that would depend on the OP's state, and I don't think s/he ever told us.

 

[stealth2]

So wait.... Did you *start* the job, and leave your equipment there? For how long? Or did you just drop your stuff there?

I'll be honest - If I contract someone to do work - I sort of expect it done in a timely manner. Not doing so AND expecting them to wait on you vs hiring someone else? Not reasonable, IMO. Are they suing you for the cost of a different contractor?

 

[justalayman]

Criminal conversion comes to mind.

Of course, that would depend on the OP's state, and I don't think s/he ever told us.

It is always a possibility but criminal conversion usually requires an intent to remove possession from the true owner. Here we have it being used as a bargaining chip.

It could be seen as criminal but more likely the cops would tell the homeowner to relinquish the tools and all will be well.

 

[Zigner]

It is always a possibility but criminal conversion usually requires an intent to remove possession from the true owner. Here we have it being used as a bargaining chip.

Here we have the other party withholding the items from the true owner. In other words, removing possession from the true owner.

Of course, the state matters greatly in this discussion, so my (and your) statements may be WAY off the mark. We need to know the state.