Are you sure the guy's even around? Maybe he had some kind of extenuating circumstance (death in family, hospitalized etc...) and hasn't been able to respond to your calls. I know it's a longshot but it's in my nature to give people the benefit of the doubt. However, once condemned, they are shown no quarter.
I would love to go by there, but apparently he's a pretty big dude and I can have a short temper, from 8 years of martial arts and 2 years of competing in cage matches, so I'm sure it wouldn't end up good. [/QUOTE]
I'd like to agree with you, but have to strongly disagree with your idea of compensation. Some feel as you do. My father felt this way and actually did what you are thinking, several times, so I'm told by family members.
You can't get away with it now, no way. The lawyers need to make a living as well and help write the laws.
Hit, or touch a person unwanted, they call 911. You go to jail, you both pay for a lawyer, you both lose money and mayby something more, and you now have a record. Plus, the training that you state you have will probably count against you in the court.
You lost 2k? Felany (?) assault will cost you much more in attorney fee's. Trust me on this!
I recommend the legal route, as sugested by the majority.
wait till they go to work and go repo it
If you disable the unit, how do you know he will call you for service? He could call another service company and have them fix it.
Have you hugged the Earth today?
Donny Baker rules
ABC Dry Chemical works wonders.
So you were driving by to leave a notice on the door and OH MY GOD!!!!! You saw smoke from the condenser unit, you grab you 5 or 10 pound extinguisher off the truck and "SAVE THE DAY!!!!"
You even nail the electric box and shut the power off to make sure that all is well. You call the township fire marshall and tell him what you witnessed and he will come out and "RED TAG" the unit until such time as it can be made safe.
Since you were trying to save the propety and the house, you will be protected under the good samartin law.
YOUR A HERO AND SAVED THE DAY........
If you know anything about ABC dry chemical, it gets it's "A" rating by melting and sticking to any burning surface. It also has this nasty habit of TOTALLY DESTROYING any electronics or Metals that is touches. That is why clean agents are used in computer rooms.
Gotta love fire fighters!!!
I heard about this on that new fangled internet thing.
I only had problems from new construction, one dirt bag builder I fired after I had to start going to the closing attorney to make sure the checks were made at closing(gotta love small towns. My favorite was the business professor who built his own home and got hard to find when the final invoice came due. Some how the low voltage fuse blew(may of happened when I was knocking on the door but nobody was home with the check like they promised). Anyway later that night the phone rings and Mr. professor explains that his new system is not working. I explain that warranty is only available on systems that have actually been paid for. Lots of whining, but finally agrees to pay-great, I'll be right over. When I got there he was SURPRISED that I wanted a check before I started. You should have seen his face when I walked right up to the AHU witj no tools, popped off the door and replaced the fuse without checking anything. The old business professor learned a new lesson that day. This was after a long discussion before I started the job about payment upon completion, not waiting for his draw because I'm not his banker etc.
Besides the provisions already mentioned I have been considering adding a provision that states that if payment is not available upon start-up of the new system that the equipment will be considered under a rental contract at (x) amount of dollars per day, until the original contract was fulfilled. Just enough to motivate paying the a/c guy before ordering the 10 grand bedroom set or granite counter tops. Any Thoughts ?
Originally Posted by 1airwolf
Last edited by Murphcoair; 08-29-2008 at 09:57 PM.
If the disputed unpaid sum is $1500 or less (in most states), small claims
court can handle the dispute.
Once the small claims court judge sees that the installer has a valid HVAC license
and partial payment was made, the guy who stiffed that licensed contractor
doesn't stand a chance.
That is...if the install was done in a reasonably professional manner.
That could make you responsible for repairs to it. Since you own it.
Originally Posted by Murphcoair
And if any damage occured to his house. From say a clogged condensate drain, and the float switch fails. You get to pay for the damage your equipment did to his house.
Check with your states laws, and with your lawyer, before just adding things like that to your contracts.
Lets see, I have a customer that owes me $2k and I have a contract/proposal that says 65% as down payment (actual monetary figure here) and balance upon substantial completion (actual monetary figure here) and I have a check from customer that says "down payment for AC system" but he doesnt pay the balance.
Hmm my lawyer is gonna have a field day with this one.
FWIW, I dont actually have this situation. Just making an observation here.
Last edited by Richard Kletty; 08-30-2008 at 12:18 PM.
All-American Air Conditioning
Vero Beach, Florida
I was refering to new installations (start-up), so I would be responsible for repairs any way, And I would have my lawyer write the phrase( as he does all mt contract legal jargon) to ensure that the original contract was intact as well as the extra charges. I was considering this more as an incentive for the slow payers on new construction, you know like the one that spend all their construction or home loan money on new furniture and granite counter tops and then expect the trades to wait for payment. I'll run it by the lawyer next week and see what he thinks.
Originally Posted by beenthere
I was refering to the ones that 2 and 3 years later still owe 50 bucks or so.
Almost too small to go to court for.
Your contract would have you still owning the equipment. And still responsible for repairs or damages coming from malfuntions?
Well this is exactly why I was considering this type of provision, the rental fees for a system are not regulated like account service charges are, I could pick a rental fee number of $ 25.00 per day per system . I do not think too many people would want to pay those rates. As far as repairs and maintenance at 1500.00 rental fees a month for a 2 system house, I'll do monthly PM's.
Originally Posted by beenthere
My entire goal with this type of provision, is to make it economically unfeasable for the customer not to pay their balance in a timely manner .