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Leadfoot281
11-18-2010, 01:31 PM
Back in July the people at my rental house reported an issue with their plumbing and asked me if they should call the local plumbers. I agreed and the plumbers came out later.

Once at the site they got to work diagnosing the issues. Almost immediately they 'dropped the well' and spent the next 3 days trying to fix their f-up. At the end of the 3rd day the owner told me he couldn't fix it, appologised profusely, and told me he wasn't going to charge me for the past two days.

I had to call in a Well service and sink a new $9,000 well in the backyard. The old well still had to come out though. The Well drillers worked on it for a week but did manage to fix the plumbers f-up....for a total of $3,500. I paid 'em and they went home.

I spoke with the plumbers about paying for this. Well, I've spent the whole summer getting the run around from this idiot. Finally his insurance company agreed to pay the $3,500. Great. All I had to do was sign a liability/litigation waiver and the money was mine.

The next day I get a bill from the plumbers for ALL THREE DAYS! Yep, this jerk decided to break his word and charge me for all three days. That total bill was a few bucks short of $2,000.

I asked him about it and he said; "I had three guys and three trucks on the job site for three days. That's an awefully big bill to have to eat".

I told him to turn that bill into insurance also. Surprisingly they agreed to pay two of the three days. If I sign the check, I'll still owe the plumber for the first day ($900).

What should I do? I sure as hell don't feel like I own him a dime for the first day. He never actually fixed anything! Honestly, I probably would have just paid it if he hadn't turned into a lying dirt bag. I can't go after him for the new well since the old was bad and did need replacing. It seems to me the worst he can do is slap a "mechanic leins" on me.

PonyUP
11-18-2010, 01:36 PM
Don't pay it, you aren't responsible for it as the services agreed upon were not rendered and were the cause of the $3500 bill to begin with. If you got the $3500 tell them to shove the $900. Sure they could send a collection agency after you but nothing will come of it and if they try to sue you, they should lose and may even be responsible for court costs. But I wouldn't pay it in my opinion

FordNut
11-18-2010, 01:51 PM
Does one of your local TV stations have a consumer advocate segment on their news program? Give them a call, maybe get some TV time and guaranteed they will bend over backward to make you happy.

YankeeMarauder
11-18-2010, 01:51 PM
For the $900, I would pay him with a CC and then contest the charges through your CC company. You would be "paying under protest" so to speak. I did that on a paint job for one of my Mustangs one time and it worked out in my favor. That way, you get your cash from the insurance, he gets his payment, and no issue with small claims court or collection agencies. Plus once you contest the charge, the CC company should issue a conditional credit initially, unless they suspect its fraudulent or frivolous on your end, which of course its not.

But yes you are correct they can put a lien on the property. I had a guy who worked for my landscaper put curbing in at my house in Utah. He called me and said my landscaper had not paid him. I told him that was between he and the landscaper. He told me (and showed me the code) that he could put a hinderence on the property since he did work at the property and was never paid, regardless. Sounds like crap, I know, but honest people get screwed everyday.

just my $0.02

RacerX
11-18-2010, 01:52 PM
??? Huh? The bastid should be liable for the 9k to drill the new well!

martyo
11-18-2010, 02:04 PM
Wow.



...........

RacerX
11-18-2010, 02:13 PM
But yes you are correct they can put a lien on the property.
Only if the court awards a judgement in their favor.

Leadfoot281
11-18-2010, 02:14 PM
??? Huh? The bastid should be liable for the 9k to drill the new well!

As much as I'd love to go after the creep for that, I am 99.99% certain the new well did need to be drilled. The only possible explanation for the troubles my renters had was if the well had actually gone bad.

Right now I'm still on good terms with the guy...or at least as far as he knows. I let this thing slide this summer because I really had nothing to lose. Each time I stopped into his office ('bout every two weeks) he had some new excuse why insurance hadn't contacted me yet. The delays and excusses were only making him look bad so I let it continue.

I spoke with him yesterday and he seems to think I owe him this $900 because of the work he did before dropping the well. I just don't see it that way and think that him getting paid for 2 of the 3 day days ought to be plenty.

martyo
11-18-2010, 02:57 PM
Only if the court awards a judgement in their favor.

In the states I am licensed to practice in that is false.

A mechanics' lien is filed in the county recorders office without more. The foreclosing on the lien takes more.

It should be noted that mechanics' liens are time sensitive in that they must filed within a certain period of time after the service provider (the "mechanic") was last on the job.

Although I wish this thread had been posted sooner, so that I could have given some meaningful advice that would have avoided the current issues, I believe that all is not lost for the OP here.

RacerX
11-18-2010, 03:39 PM
My bad. You know a hella lot more than me in this. Just knew what a friend went through from some bs with a neighbor. They went through the court for counter damages, was told they could put a lien on my buddies house, but, they lost, no lien. Different time, place, case...:D

Leadfoot281
11-18-2010, 04:09 PM
Although I wish this thread had been posted sooner, so that I could have given some meaningful advice that would have avoided the current issues, I believe that all is not lost for the OP here.

So, what's your opinion on all this?

I had no absolutely clue he was going to wait 4.5 months before springing this bill on me for almost $2,000. Heck, I began to think he wasn't going to even try and bill me for the first day after what happened.

I know he didn't do a dang thing on this first day. I was there when it happened. All I seen was two guys staring down a hole in the ground and scratching their heads. It was like that on day two and three as well.

I just wanna get my $3,500 back.

babbage
11-18-2010, 05:05 PM
Spend $3000 on a lawyer, then you'll get that $900.

In reality I would call him and say its bullcrap but you'll do it if he'll meet you halfway.
He gives you $450 in cash, then you sign off on the deal.

martyo
11-18-2010, 05:42 PM
Have you signed papers with the insurance company yet?

Leadfoot281
11-18-2010, 06:39 PM
Have you signed papers with the insurance company yet?

Nope. I do plan on having an attourney look them over before signing anything.