steel building - builder welched out and disappeared

[hokiebird]

Signed purchase agreement for steel building back in March. Bad weather - got building pad done in early May (different contractor). More bad weather, builder said he couldn't get to my job until July (it was truly horrible weather for construction in my area all May and June - record rainfalls).

Anyway, more excuses in July, and then in the first part of August, they dropped off a trailer loaded down with lumber (form boards, stakes, batterboards). Since then - nothing. Calls to his personal cell-phone get unanswered and I've left countless messages. Emails unanswered. Messages to landline voicemail unanswered. 8 weeks of absolutely no communication on his end.

Finally sent (1)certified letter (2) voicemail to cell phone and landline, and (3) email to business address demanding a full refund of money.

Still no answer after 1 week.

And still have the trailer on my property. The tags on the trailer expired back in August.

Two options I'm mulling:
1. Call Sheriff dept and file a report on the trailer.
2. Tow the trailer to the back of my property and block it in and hold it as a bargaining chip for getting a refund if he ever shows up to claim it.

There is a law in my state that allows abandoned vehicles to be claimed after a certain time period. The trailer + lumber would more than make up for my refund if I could sell it.

Any other suggestions? Next week I'll be starting the process of filing with the Better Business Bureau (prob won't do much, but it is something) and then looking into a suit in small claims court to get my money back.

Starting over in the building process - getting late in the year. Lessons learned the hard way. I did all the suggested checking with this builder that the BBB suggests. I also looked at previous buildings he had built and was impressed with the quality. This builder had been in business for 40 years. But still got burned.

 

[GGB]

Ouch! Just goes to show that nothing is for certain these days. What I've found is that the good contractors are very busy these days because so many poor ones have gotten out of the business.

The problem is that then everyone has to go to the one(s) left, who are often running way behind because anyone needing work done knows who the good contractors are . We needed to build a deck and fix up a barn (straighten walls, new tin top to bottom), and everything has taken longer than in the past.

We've got a good contractor-excellent work on the deck he built, but it took several months longer to get him out, partly because of this year's wet weather, and partly because the jobs ahead of ours took longer as folks decided to have more done than originally planned. Probably because they know how hard it is to get our good contractor back out if they go to the end of the line. We're no different-we decided to completely redo the barn and do two other buildings after our original plans.

Our contractor says that part of his problem is still finding good help, even in this economy. The usual problems-quit after a couple days, even hours, just because they don't really want to work that hard. Also, he has a very good reputation and won't accept shoudy work from his employees. You wouldn't think it would hard to find good help right now, but apparently it's still a problem....Anyway, we're thankful to have a good one for our projects. I'd rather it take longer and be done right one time.

GGB

 

[Western]

Personally I would talk to a lawyer just to make sure your plan or action would be legit.

For all you know he could be in jail, dead, drunk who knows. I think if he was a reputable "busy" contractor he would still have the lines of communication open and at the least need his equipment for all "those" jobs.

Good or bad he has poor customer service skills busy or not, even if he feels you've been hounding him, he should respond.

I would call my attorney...soon.

Good luck

 

[horse2292]

Don't waste more money on a lawyer. Go for option 2. Hold his trailer and boards for your money. IF your able I would move forward with another contractor.

No one is too busy to return a call from a customer. Especially over this period of time.

 

[Jay4200]

Don't waste more money on a lawyer. Go for option 2. Hold his trailer and boards for your money. IF your able I would move forward with another contractor.

No one is too busy to return a call from a customer. Especially over this period of time.

Ditto. I'd assume ownership of the trailer and get onto the project myself using the wood in it. If I didn't want the trailer, once I got all of the wood out, I'd sell it. If you ever do hear from the builder, which you probably won't, thank him for the donation and call it even.

JayC

 

[MMagis]

Don't waste more money on a lawyer. Go for option 2. Hold his trailer and boards for your money.

Don't give out "advice" that could get someone in legal trouble. It would be well worth the consulting fee to make sure everything is done properly.

 

[JCB]

+1 MMagis

Sorry to hear about your luck hokiebird, it sounds like you got screwed. Your best bet is your original option #1, the sheriff should at least give you good advice. Then like MMagis said maybe be ready to consult an attorney to make sure selling anything won't end up costing you more money.

 

[2458n]

I believe you would be found guilty of conversion if the trailer comes up missing. My lawyer tells me to give him the money- so he can give it to the judge. Make sure a bad deal does not get worse.

 

[Gale Hawkins]

+1 MMagis

Sorry to hear about your luck hokiebird, it sounds like you got screwed. Your best bet is your original option #1, the sheriff should at least give you good advice. Then like MMagis said maybe be ready to consult an attorney to make sure selling anything won't end up costing you more money.

2x

We over paid for our Classic Manor Buidling (like you see at Lowes/Home Depot) storage/shop because of our features selected the total was about $17,500 but they showed up Wed morning and finished with clean up at 8:20 PM Thurday (yesterday). I had to pay half up front and sented the check for the last half back with the crew leader to GA (home office).

Today we woke not thinking about the construction phase but wiring/painting etc. There are risks with all but I like getting a completed building per contract to inspect before cutting payment for the last 50% of the total cost. The crew had a 6 hour drive back to Atlanta and were motovated (had not choice but to get my signature to get paid).

There is a lot of risk out there no matter how you cut it.

 

[Mike Costello]

Does this guy have a physical address or a business location? An actual drive by would tell you alot of what's going on with him. Advice from an attorney (consulting time only) shouldn't cost that much and would give you a clear direction in which to proceed.