Lyndhurst Garden House

Lyndhurst Garden House
Lyndhurst Garden House

Thursday, July 7, 2011

If I never get concrete...

It's possible that I will get concrete slab poured by Ronnie.  Tomorrow is only the second time he has promised to do the concrete pour.  He has invested significant work in this project already (40 hours or more).  And considering the way he works, a few days of delay would not be unusual.

But for various reasons, including the way he blew past the first promised date of July 6 without letting me know beforehand, the halting way construction has gone since the beginning of construction on June 1 (2-3 days per week max,  3 hrs max per day), the way he hit me up for more money twice after the original deposits (and I paid, including on last Friday), the fact I've already paid more than the slab should cost, and the way he disappeared unreachable by phone for 3 days last month, all give me great concern over whether this will work out.  We are now at the point where he faces significant material costs, which I have already paid for several times, but still, if he spent the money elsewhere quickly after being paid, he may not have the money to pay significant material costs.  Or may not want to, figuring best to quit while he's this far ahead.*  And that indeed seemed to be the case that he had spent the money, since he needed more "draw" in order to get the job done quickly, he said last week.  That was not a good sign, but I only paid contingent on his providing significant documentation and inspection completion.

(* Come on, a guy who could make thousands a week on independent contracting, would he do that, stiff me for a measly $1xxx in concrete, considering the potential cost to his reputation?  Well maybe if contracting business has gotten slow anyway, and maybe he has "real job" somewhere, or unreal job doing something illegal.  Last week, when arguing for more cash, he said he was not a crook.  One friend suggested that was exactly what a crook would say, and when somebody says that you should not believe them.  Maybe he simply gets his jollies more from ripping people off than actually doing work, and I looked like easy mark.  Or maybe it's not a thought-out plan, he simply has substance abuse problem, attempting to feed it in any way possible until his whole career collapses.  That's one of several explanations to the effect that he's simply not concerned about reputation anymore.  Or perhaps he doesn't think I could hurt his reputation much, which might well be true.)

So what would I do next?  Well I'm going to keep after him for awhile.  But here are some alternatives:

1) Talk to Angies List people
2) File report on Angies list
3) Report to state attorney general
4) Report to BBB
5) Consult attorney
6) Go to small claims court
7) File police report
8) Hire private investigator to see what he actually does (perhaps find other employer and report to them)
9) Investigate using internet searches

On Angie's List, Ronnie claimed to be licensed.  However, his name does not show up in search of Texas licensed contractors:

http://www.tdlr.state.tx.us/LicenseSearch/LicenseSearch.asp

They say to call if license doesn't show up.  I will be doing that next week if I don't see concrete on Friday.  (1) is another first step.

One problem is that keeping the pressure on Ronnie to get the job done or get restitution will mean delaying hiring someone else to finish the work.  I am worried about how long leaving hole in the ground with rebar in it is OK.  After awhile, the hole collapses, rebar rusts, etc.  I should probably start talking with other contractors about it after 2 weeks.

As far as #6, this article suggests you should always consider whether contractor can pay up as one of 3 issues (do you have good case, can you compromise, can contractor pay up).  Well there probably isn't much money I could collect in compromise settlement anyway.  He'd probably try to claim all I've paid just goes for costs and materials, and a compromise might put it at half or less.  I think you can't get your court costs paid in small claims.  Arbitration might be better, but if he's not actual licensed contractor he might not need to submit to binding arbitration, or even otherwise.

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