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08-16-2012, 06:15 PM
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#1
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Senior Member
Join Date: Dec 2010
Location: Twin Cities
Posts: 9,877
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How Would You Respond?
I received this email response when I inquired about payment for a recently completed project from a general contractor.
Chris, I want you to know that I really enjoy working with you on projects and hope to continue into the future. With that being said, it was been a disastrous past few months.* Without any significant job starts since March, cash flow is down to a trickle. We closed out The last project and are coming up short of completing our obligations. It's our intent to resolve this by the end of the month or at least reduce it. This is not how I've planned to run my business and hope to get things righted shortly. Thanks, Bill
I just want to get paid damn it!
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08-16-2012, 06:17 PM
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#2
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not a union thug
Join Date: Feb 2010
Location: Massachusetts
Posts: 6,973
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Translation: I'm broke, you ain't gettin paid
Sucks when that happens.
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08-16-2012, 06:17 PM
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#3
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Chief Electron Relocator
Join Date: Sep 2007
Location: Cornpatch USA
Posts: 31,246
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They've shown you their cards, now it's time to play yours. File a lien, and start collections.
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In winter, why do we try to keep the house as warm as it was in summer when we complained about the heat?
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08-16-2012, 06:24 PM
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#4
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Senior Member
Join Date: Aug 2011
Location: La
Posts: 2,048
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I once had a contractor that had a little trouble paying me for a job so his 250 Honda recon four wheeler. I felt lucky to get that. I have never seen or heard from him again and this is a small town.
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08-16-2012, 06:27 PM
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#5
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Chairman of the Bored
Join Date: Oct 2008
Location: Atlanta, Ga.
Posts: 8,955
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How long ago did you finish the project?
How much $$ are you in for from this guy?
How's your cash flow right now?
Can you work out a payment option from him?
Lien's are a dead last resort.
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I'd rather be sleeping.
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08-16-2012, 06:32 PM
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#6
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Senior Member
Join Date: Dec 2010
Location: Twin Cities
Posts: 9,877
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Quote:
Originally Posted by BuzzKill
How long ago did you finish the project?
How much $$ are you in for from this guy?
How's your cash flow right now?
Can you work out a payment option from him?
Lien's are a dead last resort.
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1. A month and a half ago.
2. Enough
3. Good
4. Possible option
Lien Is a last resort.
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08-16-2012, 06:34 PM
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#7
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Journeyman
Join Date: Apr 2012
Location: Chi-Town Burbs
Posts: 631
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At least he gave you a kiss before phucked you. Hope he is not into you for too much.
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08-16-2012, 06:37 PM
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#8
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NRA Member
Join Date: Feb 2011
Location: Wonderful Northern Minnesota
Posts: 4,262
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Quote:
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Originally Posted by BuzzKill
How long ago did you finish the project?
How much $$ are you in for from this guy?
How's your cash flow right now?
Can you work out a payment option from him?
Lien's are a dead last resort.
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My wife's uncle ran a blacktop business for years. When I started my EC business I asked him for advice. He said file a lien on every job. Here you have 30 days from the job completion to file.
That said, I have never filed one. Once I told a GC I was gong to town to get paid by him or file a lien on the HO's house. He told me to stop in a pick up the check.
__________________
When "deleted" called the Seals, they killed Bin Laden. When the Seals called "deleted", he denied them.
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08-16-2012, 06:47 PM
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#9
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Senior Member
Join Date: Aug 2011
Location: La
Posts: 2,048
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Is his wife cute or his boat?
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08-16-2012, 06:48 PM
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#10
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976-EVIL
Join Date: Feb 2009
Location: State of Euphoria
Posts: 13,408
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Nobody can answer this for one simple reason. You need to judge his character. If his i tentions are good, I would help him. If you help him through tbis hard time, he may never forget it. He may become a patron of yours forever. Secretly in his mind he will know you helped him grow his business. But otoh, if this guy is a scumbag, you need to take 480's advise immediately. Judging by his email, I think he means well. I would respond with:
Thanks for clearing that up, I 'm easy to get along with, I know these things happen occasionally. I'll check back in a week or two and see how things are going.
Of course that depends on if you can afford to do that. I have had to get downright rude sometimes because I NEEDED the money, and other times I would let it slide if possible. It also depends on wheter or not I like this person.
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08-16-2012, 06:52 PM
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#11
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1,000,000th Poster
Join Date: May 2010
Location: Portland
Posts: 9,407
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"Sir, as a businessman myself I absolutely sympathize with your financial troubles. Just like you I depend on a steady flow of income from my clients in order to stay afloat, and per our agreement you are one of those clients.
While I am willing to consider a payment plan, I cannot hold out indefinitely for the possibility of payment. Unfortunately, if we can't agree to and abide by a real payment schedule, I'm sorry to say the demands of my business will require that I file a lien to recoup my expenses.
Sincerely,
Chris1971"
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08-16-2012, 06:52 PM
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#12
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PGW Professional
Join Date: Jan 2007
Location: Rahway, NJ
Posts: 12,773
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Try to put yourself in his shoes. I know that's not easy but your true character will be shown by doing this. Ask him why he you aren't being paid. Is it because the principle owner of this work hasn't paid? Or is it because the GC spent your money on his last vacation? Business is business and believe me, the cable company shuts off your cable television when they're not paid, but are willing to take you back once it is paid. You're in business, do what you think is the right thing to do.
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08-16-2012, 07:05 PM
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#13
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Senior Member
Join Date: Aug 2011
Location: La
Posts: 2,048
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Quote:
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Originally Posted by Big John
"Sir, as a businessman myself I absolutely sympathize with your financial troubles. Just like you I depend on a steady flow of income from my clients in order to stay afloat, and per our agreement you are one of those clients.
While I am willing to consider a payment plan, I cannot hold out indefinitely for the possibility of payment. Unfortunately, if we can't agree to and abide by a real payment schedule, I'm sorry to say the demands of my business will require that I file a lien to recoup my expenses.
Sincerely,
Chris1971"
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Damn John you did all the work for him. Now if you don't mind could you write one for me to the IRS explaining my tardiness of payment. Thanks. Lol please don't tell them I spent it on crawfish and beer.
Last edited by Theriot; 08-16-2012 at 07:08 PM.
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08-16-2012, 07:13 PM
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#14
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1,000,000th Poster
Join Date: May 2010
Location: Portland
Posts: 9,407
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Quote:
Originally Posted by Theriot
Damn John you did all the work for him. Now if you don't mind could you write one for me to the IRS explaining my tardiness of payment. Thanks. Lol please don't tell them I spent it on crawfish and beer.
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"Dear IRS,
I didn't spend my tax money on crawfish and beer. Honest injun. Please don't audit me into oblivion.
XOXO,
Theriot"
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08-16-2012, 07:14 PM
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#15
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Senior Member
Join Date: Dec 2010
Location: Twin Cities
Posts: 9,877
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This general contractor accounts for about 3% of my annual business. It's frustrating not being paid in a timely manner. I'm going to try McClary's approach and see how that works.
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08-16-2012, 07:26 PM
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#16
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Senior Member
Join Date: Mar 2007
Location: New jersey
Posts: 182
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I would give them the two weeks they were asking for, before I unleased the flying monkeys.
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08-16-2012, 07:27 PM
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#17
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animal lover /rat bastard
Join Date: Apr 2009
Location: central east coast us
Posts: 7,032
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It is ok to work with people, but you owe yourself the opportunity to protect yourself. In other words, I agree that it may be good to work with him, in fact it could lead to a better work relationship in the future. But you need to protect yourself. If you want to go down that road, hash out an agreement that you can both live with, and sign it jointly, just like you would any other contract. You might even get your lawyer to draft it so that it gives you the legal rights that you would not otherwise have. Your lawyer might also tell you to go ahead and file the lien so you don't use your lien rights either, since this would be an instrument of last resort. He owes you the money, but he needs to provide a guarantee that you will get paid, just like the lien gives you leverage against the property owner. If he goes chapter 11 or 13, you won't get a dime, and if your lien rights are gone you have nothing. Try to work with him - yes, but don't screw yourself over in the process.
__________________
As President Roosevelt said: "We have nothing to fear but fear itself. And Chuck Norris. And 滿口胡言. And Grabthar's hammer. And Gort. and 江南 Style. and rotting in the street and Zombies . . . and Wayne Griffen "
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08-16-2012, 07:27 PM
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#18
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Chief Electron Relocator
Join Date: Sep 2007
Location: Cornpatch USA
Posts: 31,246
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Quote:
Originally Posted by Louieb
I would give them the two weeks they were asking for, before I unleased the flying monkeys.
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You lease flying monkeys? It's cheaper to own them, you know.
__________________
In winter, why do we try to keep the house as warm as it was in summer when we complained about the heat?
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08-16-2012, 07:30 PM
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#19
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Senior Member
Join Date: Mar 2007
Location: New jersey
Posts: 182
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sure we have bubba's ,uncle vinnies,rat dogs,what do you need we can get it! this IS Jersey....just ask the gov.....
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08-16-2012, 07:30 PM
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#20
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Chief Electron Relocator
Join Date: Sep 2007
Location: Cornpatch USA
Posts: 31,246
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Quote:
Originally Posted by Theriot
Damn John you did all the work for him. Now if you don't mind could you write one for me to the IRS explaining my tardiness of payment. Thanks. Lol please don't tell them I spent it on crawfish and beer.
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Dear IRS,
Please cancel my subscription, remove my phone number from your Rolodex, and take my name off your mailing list.
Yours,
Shaw Dam.
__________________
In winter, why do we try to keep the house as warm as it was in summer when we complained about the heat?
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