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Legal advice needed #1746602
05/26/16 03:23 AM
05/26/16 03:23 AM
Joined: Jan 2011
Posts: 3,180
Lawrence Co. AL
jdhunter2011 Offline OP
8 Point
jdhunter2011  Offline OP
8 Point
Joined: Jan 2011
Posts: 3,180
Lawrence Co. AL
HERE IS THE COMPLAINT FILED TO THE BBB. CAN I FILE A LAWSUIT FOR BREACH OF CONTRACT AND LIABILITY? He was told yesterday it aint in his best interest (putting it kindly here) not to ever show up at my job again but that I prayed he did so I can take it out on his sorry tail. He has been paid for the work he has done so far except for the $2265 remaining to install lights, plugs and final wiring. I have the original quote we agreed upon and all receipts. In the least he wont get much work around here when Im finished with the POS.

Letter to the BBB:
********* was hired to run the electrical components on our new home construction. Since the job started wires and Plugs were not placed where they were specifically told by the homeowner to be placed. Home run wires were hazardously ran across the floor joists of the storage space of the attic costing the home owner much time and money to fix in order to sheet this floor. The work was beyond sub-par. No boxes were installed for the surround sound speakers. These were marked on the wall and specific instructions were given for installing these. They were eventually installed. Plugs for the TV were not placed in the right location and one was moved by the Homeowner. Plugs on the back porch were specifically marked but placed about 4" too high causing the house siding to be removed once again at the expense of the homeowner. Concrete forms were damaged, destroyed, and removed and the final grade work for concrete was never fixed to its original state. The homeowner had to fix this problem as well. Plugs in the mud room were not located in the correct position. One was located in the shower and one directly above the sink. All work done has been late. We agreed the power would be cut on the 1st week of May however it was May 13th before they started work. Notice for this timeline was given on the week of April 10th, which is 3 weeks notice. Lights were to be hung inside the Home by the week of May 15th and this work has not started as of My 26. After 3 days of trying to Contact ******** we spoke on May 25. ******** Cussed and Swore at me for complaining about his work and said it would be at least another week before he would return to the job. We have been wrongfully treated by this business and plan to pursue a breach of contract and liability lawsuit.


Its not the will to win but the will to prepare to win!
Re: Legal advice needed [Re: jdhunter2011] #1746665
05/26/16 05:21 AM
05/26/16 05:21 AM
Joined: Nov 2008
Posts: 10,273
Alabama
W
whack-n-stack Offline
Booner
whack-n-stack  Offline
Booner
W
Joined: Nov 2008
Posts: 10,273
Alabama
The only breach of contract I see is you not paying him the rest of his money. But I haven't read the contract either.

Re: Legal advice needed [Re: jdhunter2011] #1746713
05/26/16 07:05 AM
05/26/16 07:05 AM
Joined: Nov 2013
Posts: 10,249
coffee county
goodman_hunter Offline
Booner
goodman_hunter  Offline
Booner
Joined: Nov 2013
Posts: 10,249
coffee county
i assume "mud room" is bathroom.

Doesnt everybody have a plug in the shower?lol


For without victory, there is no survival
Re: Legal advice needed [Re: jdhunter2011] #1746716
05/26/16 07:09 AM
05/26/16 07:09 AM
Joined: Oct 2010
Posts: 4,753
haleyville al,
D
dnolen Offline
10 point
dnolen  Offline
10 point
D
Joined: Oct 2010
Posts: 4,753
haleyville al,
Was It a verbal agreement or is it a written contract?

Re: Legal advice needed [Re: dnolen] #1746761
05/26/16 08:21 AM
05/26/16 08:21 AM
Joined: Jan 2011
Posts: 3,180
Lawrence Co. AL
jdhunter2011 Offline OP
8 Point
jdhunter2011  Offline OP
8 Point
Joined: Jan 2011
Posts: 3,180
Lawrence Co. AL
Originally Posted By: dnolen
Was It a verbal agreement or is it a written contract?

I guess you would say verbal agreement, the only paper work I have is the quote and the invoices that have been paid for the work that has already been done. No formal contract was ever signed. My biggest concern is his liability for the job with me having to hang the lights and plugs now.

Last edited by jdhunter2011; 05/26/16 08:22 AM.

Its not the will to win but the will to prepare to win!
Re: Legal advice needed [Re: jdhunter2011] #1746766
05/26/16 08:29 AM
05/26/16 08:29 AM
Joined: Feb 2013
Posts: 8,387
A
Atoler Offline
14 point
Atoler  Offline
14 point
A
Joined: Feb 2013
Posts: 8,387
Welcome to the world of subs. Doesn't matter what kind of contract you have, tell him to kiss your ass and take a hike. Then if he pursues it legally, make him a settlement offer to avoid legal fees. Nobody wins, pursing a small sum through court.

Re: Legal advice needed [Re: jdhunter2011] #1746770
05/26/16 08:35 AM
05/26/16 08:35 AM
Joined: Aug 2008
Posts: 5,342
mobile
C
charlie Offline
12 point
charlie  Offline
12 point
C
Joined: Aug 2008
Posts: 5,342
mobile
It's aggravating but there is not much you can do but fire him. I have done it a few dozen times. A few weeks here and there is pretty normal on a new house. Do what makes you feel better but the bbb means nothing to anyone I know and if he is a licensed master electrician the complaints of a homeowner contracting out his own house won't cost him much if any work. It's not right but it's how it is.

Re: Legal advice needed [Re: jdhunter2011] #1746774
05/26/16 08:45 AM
05/26/16 08:45 AM
Joined: Aug 2006
Posts: 9,753
The Boonies a.k.a. Pickens cou...
300gr Offline
8 point
300gr  Offline
8 point
Joined: Aug 2006
Posts: 9,753
The Boonies a.k.a. Pickens cou...
Let me guess he was the low bidder


Two roads diverged in the woods and I took the one with deep ruts,hills and mud.It may be bumpy but WHAT A RIDE!
Re: Legal advice needed [Re: 300gr] #1746811
05/26/16 09:43 AM
05/26/16 09:43 AM
Joined: Feb 2009
Posts: 4,135
Ramer
ronfromramer Offline
10 point
ronfromramer  Offline
10 point
Joined: Feb 2009
Posts: 4,135
Ramer
You've already screwed the pooch when you didn't put everything in writing. Don't make a bad situation worse. Pay him what you owe him and move on.
Find someone else to finish up and consider it lesson learned and tuition paid

Re: Legal advice needed [Re: jdhunter2011] #1746814
05/26/16 09:45 AM
05/26/16 09:45 AM
Joined: Jan 2011
Posts: 3,180
Lawrence Co. AL
jdhunter2011 Offline OP
8 Point
jdhunter2011  Offline OP
8 Point
Joined: Jan 2011
Posts: 3,180
Lawrence Co. AL
Thanks for the advice. He wont be back on my job or he will leave in an ambulance. My house wont make or break any sub but all have been great except him. Word of mouth is the best form of advertisement for these guys. Word is getting out pretty quick as people are finding out the full story around here. He had a good reputation until recently. It wont be long he will be out of work with this kind of service. He's about to hang himself and doesnt even know it. He pissed off the wrong one this time. Im a death by a million cuts kind of guy.


Its not the will to win but the will to prepare to win!
Re: Legal advice needed [Re: goodman_hunter] #1746830
05/26/16 10:09 AM
05/26/16 10:09 AM
Joined: Jan 2001
Posts: 10,605
Birmingham
W
wew3006 Offline
Booner
wew3006  Offline
Booner
W
Joined: Jan 2001
Posts: 10,605
Birmingham
Originally Posted By: goodman_hunter
i assume "mud room" is bathroom.

Doesnt everybody have a plug in the shower?lol


You got to have somewhere to plug in your shower radio, right?

Re: Legal advice needed [Re: jdhunter2011] #1746836
05/26/16 10:24 AM
05/26/16 10:24 AM
Joined: Jan 2005
Posts: 33,437
Your mom’s house
doekiller Offline
Freak of Nature
doekiller  Offline
Freak of Nature
Joined: Jan 2005
Posts: 33,437
Your mom’s house
A contract for more than $500 has to be in writing to be legally enforceable.

Did he not have a set of electrical plans to go by? Is there no inspector in your county? If there is no set of plans showing where the outlets, lights and all other electrical are to be placed, then you have no leg to stand on suing him for negligence. All he has to do is dispute what you say.

I would say it is piss poor planning to not have a contract or written plans for a sub to go by when building.

Re: Legal advice needed [Re: jdhunter2011] #1746849
05/26/16 10:39 AM
05/26/16 10:39 AM
Joined: Aug 2002
Posts: 22,634
Morgan Co.
Dixiepatriot Offline
Freak of Nature
Dixiepatriot  Offline
Freak of Nature
Joined: Aug 2002
Posts: 22,634
Morgan Co.
I wired hundreds of houses and never had any issues but everybody wanted cheap. Kinda aggravating but found out you could make good money going in and fixing stuff like you're talking about in brand new houses. I've seen a lot of sloppy chit in Limestone and surrounding counties. No inspectors, no code, no standards,and for the most part people wiring houses that don't know what the hell they're doing. The biggest difference is unlike you most of the people weren't smart to know or care there was a problem. If you have a builder and he's the one who hired him the don't pay till you're satisfied.


http://familyfoundationfund.org
Proud descendant of confederate soldiers.
Auburn elitist
Re: Legal advice needed [Re: doekiller] #1746850
05/26/16 10:44 AM
05/26/16 10:44 AM
Joined: Aug 2002
Posts: 22,634
Morgan Co.
Dixiepatriot Offline
Freak of Nature
Dixiepatriot  Offline
Freak of Nature
Joined: Aug 2002
Posts: 22,634
Morgan Co.
Originally Posted By: doekiller

Did he not have a set of electrical plans to go by? Is there no inspector in your county? If there is no set of plans showing where the outlets, lights and all other electrical are to be placed, then you have no leg to stand on suing him for negligence. All he has to do is dispute what you say.

I would say it is piss poor planning to not have a contract or written plans for a sub to go by when building.


Most of the time there are no electrical drawings. I've even wired houses with nothing but a picture out of Southern Living magazine. If the guy was really an electrician he would know how it was supposed to be done and would have met with the owner to get his input.


http://familyfoundationfund.org
Proud descendant of confederate soldiers.
Auburn elitist
Re: Legal advice needed [Re: Dixiepatriot] #1747020
05/26/16 03:19 PM
05/26/16 03:19 PM
Joined: Jun 2010
Posts: 8,900
Tallassee
G
G/H Offline
14 point
G/H  Offline
14 point
G
Joined: Jun 2010
Posts: 8,900
Tallassee
A man that use to work with me had a famous line " what do I owe so far?". In other words I paid you for what you did so far, now get off m property

Re: Legal advice needed [Re: jdhunter2011] #1747067
05/26/16 04:01 PM
05/26/16 04:01 PM
Joined: Oct 2003
Posts: 25,686
South Alabama
R
Rebelman Offline
Freak of Nature
Rebelman  Offline
Freak of Nature
R
Joined: Oct 2003
Posts: 25,686
South Alabama
I'm no attorney so I can't give any legal advice however may I make a suggestion? I'd consider finding someone to help you with the write up. It was hard for me to follow the timeline, the expectations, and the missed deliverables. Pictures would also help tell the story. Quantify the cost in a clear, concise way.

Re: Legal advice needed [Re: jdhunter2011] #1747128
05/26/16 04:59 PM
05/26/16 04:59 PM
Joined: Jul 2005
Posts: 19,080
Chelsea, AL
straycat Offline
Old Mossy Horns
straycat  Offline
Old Mossy Horns
Joined: Jul 2005
Posts: 19,080
Chelsea, AL
JD,

Pm me tomorrow. I'll help you work through it.


"The grass withers, the flower fades, But the word of our God stands forever." Isaiah 40:8

"Neither the wisest constitution nor the wisest laws will secure the liberty and happiness of a people whose manners are universally corrupt.� Samuel Adams

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