ckruzer
Infidel
- Joined
- Jul 2, 2015
- Location
- asheville nc
Do you like it rough or smooth, with or against the grain?
Lol jokes aside...
I hired a GC licensed in SC and NC to build a permitted deck. He is located on the border in SC. We agreed on a sum and signed a contract. I paid him a deposit to get the permit going, etc. A few weeks out from the build date, i paid him an additional percent per the agreement.
Come the scheduled build date, he canceled sending his crew to dig the footers and pour the concrete, due to rain. My debates against that aside. Come several sunny days in a row, he said he was getting sued by a customer in Charlotte over satisfaction issues, and therefore his NC license is now suspended. We burned a week, with me asking him to get another GC to take on the job and deposit. That fell through and exposed the first examples of vague/lying behaviour that seemed lazy. I said lets just move on, I will find someone else. So he is wiring my funds back. $8,800 approx at this point.
From that point on every few days there has been some excuse or another that has interfered with the funds being wired. My favorite excuse, was his account was hacked and he had to go open a new bank account (his screen shot showing the unauthorized charge was a debt collection agency). I guess he didnt know you could google bank account line items.
Its been about exactly 30 days since the original build start date
This past monday he said "done" in a text that the wire was completed. A few business days later, no funds, I call this morning. No answer. Later today he texted and admitted to lying about the wire. And said he is having issues, but promises to pay me back.
Keeping it simple to the facts of the matter. Leaving out all the juicy chit chat. I do have all his excuses and agreement to wire back, and his admittance to spending the money not on my project, and admitting to lying about wiring the funds - all on text.
My main question is this: I know from experience, and chatting with a forum member, it is common practice for a GC to use some funds of a new customer to close business with a old customer, and the cycle goes on. Living by the skin of their teeth financially speaking. However, is it legally obligated (even though its not the norm) for a GC to hold funds in trust to be used only on the project they were paid for? It does not compute that it would be within regulations for a licensed GC to freely spend a deposit, and thereby maybe not have the funds for the materials of a new customer. Just doesnt make sense. Anywho.
My thoughts are this. Ultimately, God will deal with this. Im not concerned. But I want to be wise.
If he is poor/broke. Getting an attorney will just either cost me more money, or only get a portion of the full back. And a judgment is not a guarantee that you get the check, you then have sue again wth your judgment and go get the money. If there is no money, and if there is no insurance, then all the suing will not matter and his entire Life will be ruined. Whereas I am out some money, but I can recover. Chasing money, without there being an illegal activity that also occurred, is a pipe dream. From my personal experience.
Or I can see if this guy wants to do a payment plan, until he can afford to pay it back.
Or maybe there is more recourse here than I know. Maybe it is illegal, which would help the case. And i can sue his insurance policy if he has one, and get my money back, plus some for the trouble, plus attorneys fees.
Whats your thoughts? I believe all GCs have to be bonded to be licensed. If he is already being sued now (if that story was true), then would that bond still even work for me if i sued?
Not fun admitting youve been hosed, but its wiser to ask for advise.
Sincerely,
Your friendly neighborhood chevy cruiser
Lol jokes aside...
I hired a GC licensed in SC and NC to build a permitted deck. He is located on the border in SC. We agreed on a sum and signed a contract. I paid him a deposit to get the permit going, etc. A few weeks out from the build date, i paid him an additional percent per the agreement.
Come the scheduled build date, he canceled sending his crew to dig the footers and pour the concrete, due to rain. My debates against that aside. Come several sunny days in a row, he said he was getting sued by a customer in Charlotte over satisfaction issues, and therefore his NC license is now suspended. We burned a week, with me asking him to get another GC to take on the job and deposit. That fell through and exposed the first examples of vague/lying behaviour that seemed lazy. I said lets just move on, I will find someone else. So he is wiring my funds back. $8,800 approx at this point.
From that point on every few days there has been some excuse or another that has interfered with the funds being wired. My favorite excuse, was his account was hacked and he had to go open a new bank account (his screen shot showing the unauthorized charge was a debt collection agency). I guess he didnt know you could google bank account line items.
Its been about exactly 30 days since the original build start date
This past monday he said "done" in a text that the wire was completed. A few business days later, no funds, I call this morning. No answer. Later today he texted and admitted to lying about the wire. And said he is having issues, but promises to pay me back.
Keeping it simple to the facts of the matter. Leaving out all the juicy chit chat. I do have all his excuses and agreement to wire back, and his admittance to spending the money not on my project, and admitting to lying about wiring the funds - all on text.
My main question is this: I know from experience, and chatting with a forum member, it is common practice for a GC to use some funds of a new customer to close business with a old customer, and the cycle goes on. Living by the skin of their teeth financially speaking. However, is it legally obligated (even though its not the norm) for a GC to hold funds in trust to be used only on the project they were paid for? It does not compute that it would be within regulations for a licensed GC to freely spend a deposit, and thereby maybe not have the funds for the materials of a new customer. Just doesnt make sense. Anywho.
My thoughts are this. Ultimately, God will deal with this. Im not concerned. But I want to be wise.
If he is poor/broke. Getting an attorney will just either cost me more money, or only get a portion of the full back. And a judgment is not a guarantee that you get the check, you then have sue again wth your judgment and go get the money. If there is no money, and if there is no insurance, then all the suing will not matter and his entire Life will be ruined. Whereas I am out some money, but I can recover. Chasing money, without there being an illegal activity that also occurred, is a pipe dream. From my personal experience.
Or I can see if this guy wants to do a payment plan, until he can afford to pay it back.
Or maybe there is more recourse here than I know. Maybe it is illegal, which would help the case. And i can sue his insurance policy if he has one, and get my money back, plus some for the trouble, plus attorneys fees.
Whats your thoughts? I believe all GCs have to be bonded to be licensed. If he is already being sued now (if that story was true), then would that bond still even work for me if i sued?
Not fun admitting youve been hosed, but its wiser to ask for advise.
Sincerely,
Your friendly neighborhood chevy cruiser
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