How 2 find general contractor feeds/gets biz-2hit him &hurt him

How 2 find general contractor feeds/gets biz-2hit him &hurt him

Member since 2018 · 41 posts · 18 votes

How do you find where a guy gets his business? My theory is if I find his main source, I can complain about him and stir up trouble. Then he will be motivated to pay me the 5k he owes me and move on. I also want to warn others about his less than reputable ways. I have tried Goggle searching the exact name of his company (there are other similarly named LLCs around the country) and get no to little response. 

I spoke with an attorney that specializes in construction law and he told me this guy is LEGIT bad but it would cost too much to hire him to represent me to go after bad GC. The legal fees would far surpass the 5k involved.

I know that a lot of contractors get business from "Mommy groups." With the referral from other moms, people feel comfortable with hiring someone without vetting them. I think he is probably "fishing" in a community like this. How can I find if that is true? I am a mother but my kids are older than the mom group kids. It is a good "fishing pool." My Golden Gate Mothers group in SF had the average member making 350k a year. Add that to the avg price of a home in the SF Bar Area = High net worth ppl. I digress. 

Now I live in North NJ about 30 west of NYC. Nj has a lot of Consumer Rights which I intend on using but am trying to see if another angle could help to get resolution faster. Finding out what would "hurt" this guy and then doing it. Everyone has a weak spot. I have taken GCs in CA to court and won. Received actual $. I even brought down a ring of crime in CA posing as a GC and got at least two guys serving time and paying me restitution and four others got their GC licenses pulled. It is much harder to get a GC lic in CA than NJ but I will go after this guy's lic in NJ through the Consumer Affairs Office. It is a hard, ardous affair but I am in it to win it and not letting someone walk away with 5k of my money just because it's hard. 

I hired a bad general contractor (GC). He came recommended to me through my real estate agent and an elevator company that wants to sell me an elevator for my home. I do not have to use this GC for the elevator. He (bad GC) was working in the area for another client putting in an elevator. I checked out the GC's yelp, BBB, Angie's list etc. and he had a few one-star reviews. Most of the reviews were 5 stars and he had 3.5 stars on yelp and a C+ with BBB. 

I made two big mistakes. 

One was hiring this guy despite the one-star reviews. At the time he was making up all the right excuses and I have been a small biz person my whole adult life. So, I guess I wanted to believe him that it was just a misunderstanding and one or two people that had it out for him unfairly. 

Second mistake I made was giving him a large deposit. $7400 on a 19k contract. The guy disappeared after coming to the home to demo part of a wall. I had to drag him back, long after the 23 days he had to perform were up. He fought me the ENTIRE way. It took SO MUCH energy to get this guy to get ANYTHING done. He did not supervise his workers. I had at least 12 different guys showing up to my house to do old tasks at all times of the day and night. I was just trying to get the labor I have already paid him, out of him and he knew it. He has been making it hard in the hopes I just go away. I am not going away. The work performed was so shoddy. I have pics of everything. I have verifiable communications = paper trail of the whole thing. Documenting my unhappiness and his shoddy work. 

I sent him a demand letter for the remainder of the money he has not performed for. I have sent him no less than a half dozen letters demanding he perform or quit. I gave him weeks to respond to my last letter that fires him and demands payment for money he has received but not performed for. He has ignored me totally. 

I will elevate this whole matter. Reporting to the Consumer Affairs Office and the BBB. I will also file in the equivalent of Small Claims Court. I forget what they call it here in NJ but their small claims court is only $3500 max. In the other court, I can get a judgment for up to 15K. I DO realize that collecting on a judgment is fairly hard for someone who is self-employed but I will garnish any account I can or at the very least put a lien on ANY property he has. 

Anybody else have a creative way to get what you are owed out of a GC? Like I said, I realize that it will be HARD, TAKE TIME, etc to go after this guy but I will do it on principle alone. 

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Investor · Las Vegas & British Columbia · Member since 2016 · 96 posts · 21 votes
5y

Move on. 
Money comes and goes. Time just goes. 

See this reply in the discussion

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  • Investor · Las Vegas & British Columbia · Member since 2016 · 96 posts · 21 votes
    5y

    Move on. 
    Money comes and goes. Time just goes. 

  • Investor · Lafayette, LA · Member since 2015 · 13 posts · 12 votes
    5y

    The money is nothing compared to the energy and time you are wasting.  Forget it.  Put him on your DO NOT USE list and go to the next deal/opportunity/contractor.  If you do this every time you hit a wall, you'll never get anywhere.  Sorry for the abrupt advice, but I can tell you need some tough love ;-)

  • Member since 2018 · 41 posts · 18 votes
    5y

    Thanks but no thanks on the "tough love." @Jason Dugas Not what I was asking @Nicholas Field

    So am I to understand you both would walk away from FIVE THOUSAND DOLLARS!!! Jeez, that is THE EASIEST thing to do. Requires NO business savvy or acumen. Not to mention this is not MY money but my family's. I have a duty to not walk away because it is EASY. How much money does someone has to steal from you before it warrants your time to go after them and or WARN OTHERS??!! 

    I am complaining on the BBB's website and know that the BBB has little to no "teeth" but it feels empowering AND it will WARN OTHERS to not do business with this guy if they spend the time looking into his background.  

    It is people like this that keep this guy in business and actually encourage him to steal people's hard-earned money.  If time is so important, why spend it telling me something I did not ask for? 

    I can understand if you lack the "gumption" to fight what is WRONG in the world but to be flippant and chiding is uncalled for. I am asking the TRUE "ballers" out there for their creative ways to not be treated like a chump. 

  • Investor · Las Vegas & British Columbia · Member since 2016 · 96 posts · 21 votes
    5y

    While I appreciate where you’re coming from, business savvy and acumen is in not getting ripped off in the first place. 

    If you want to take it to the streets, deep fake his head on porn Or put sugar in his gas tank. 

    If he is quick witted enough to rip off people consistently, rebranding will not be hard and he will continue doing what he does. 

    You’re the one that dealt with a criminal. Learn from your mistakes and go about your business a little wiser. 

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y

    Local tv station or newspaper have a consumer help/warning program.  Getting him some air time or newsprint might get the word out.

  • Rental Property Investor · Clarksville, TN · Member since 2016 · 1k+ posts · 1k+ votes
    5y

    @Tanya Solomon

    Take a breath. If you complain about him and stir up trouble the damage is done and he would not be motivated to repay you at that time and would have less resources to do so.

    His pattern of behavior is one of either a scam artist or a failing businessman. Many contractors that are riding their businesses into the ground take deposits to finish previous jobs and if they are bad at contracting that gap gets bigger and bigger until whoever overpaid for performance last (in this case, you) ends up getting the shaft.

    Objectively, the best path forward is to cut your losses.

    Subjectively, how much money is your principle of hurting him worth to you? That answer governs what path you should decide. If it's zero, then refer the issue to a collections company and let them chase him. Just by telling the elevator company and the realtor that referred you to him, you potentially have cost him enough work to justify dropping it.

    If not, hire the lawyer that said it wasn't worth it and get your day in court to put these things on the record and get a judgement.

    I don't think you'll be able to figure out his sources of revenue without following him from his home to jobsites.

    Be careful that your position is bulletproof, speaking and writing about someone negatively can be a significant liability if you don't have your bases covered.

  • Member since 2018 · 41 posts · 18 votes
    5y

    Thanks @Lynette E. and @Todd Rassmussen

    Todd you are 100% spot on. This guy is driving his business into the ground. This is an excerpt from a one-star review I found yesterday written by another customer that got stiffed just like me. 

    "The best way to describe [redacted] would be a scam artist running a construction Ponzi scheme." So, I am not the only one that has been shafted recently by this guy. The reviewer goes on to say that the GC promised to return his money and then never sent a cent. Doing some rough math, it works out that I sent my final demand letter around the same period that this guy did. 

    I am not worried about "Liable." The first rule of proving libel in a case is proving that the person said/wrote something about you that is not true. It is more than easy for me to prove my claims are true. I am not completely counting on being "bulletproof" but regard the chances of being taken to court as very small. He would have to spend tens of thousands on an attorney or get someone to take his case on a contingency. Considering his other bad reviews, I do not think there is an attorney out there that would want to take on a case like this. The GC would also have to prove his losses. Contrary to what some might think one can not just get a friend to come in and commit perjury by saying that they would've hired him but for my "damaging" remarks. 

    My main purpose in going after him is to warn others about him. I do realize that if I am successful in cutting off his sources of income, would leave less money to pay me back. I can tell from the tone of the other reviewer that he thought the same thing. If you leave a bad review and warn others, then there will be no "Peter" to pay you the "Paul." As much as 5k is precious to me, I would not want the money if it was to come from another victim. This guy has a fleet of vehicles, owns his own home, etc. So, there are assets to go after. 

    I do not need an attorney to take him to court. The attorney I spoke with yesterday is a VERY good one and has even written a guide for the Bar Association that walks a victim through the process of getting an enforceable judgment. https://njsbf.org/wp-content/u... It is a great guide and maybe could help someone even if they do not live in NJ. I have been there, done that with Small Claims, and am prepared to see this through. 

    Using the word "hurt" implied the wrong sentiment? I just wanted to be in front of this guy in some way so it would not be so easy to just ignore me and not pay me back. In the past, I have been ripped off by far more egregious guys and actually was successful in bringing down a ring of crime. I have a letter from the CA State's Attorney General Office commending me for all my hard work (and money in attorney's fees) in keeping on the case and seeing that the Civil matter got properly turned into a Criminal one successfully. The wheels of Justice run VERY slowly but if one sticks to it, you will have your day. Just like in "The Art of War" "Revenge is a dish best served cold." 

    I was able to kind of answer my own question yesterday on my own, so I will leave a list of what someone can do once they have been stiffed by a bad contractor. Some people do not mind being screwed or consider it the cost of doing business aka letting karma do its work but there are others like myself that simply do not want to feel "had" and are willing to put in the time because it means something to them and is worth it.

    Scenario bad GC is hard to get ahold of, stops performing, work is subpar, etc. KEEP IN MIND THAT 85% OF PEOPLE JUST GO AWAY BECAUSE BELOW IS SO HARD!! THIS IS WHAT KEEPS BAD BUSINESSPEOPLE IN BUSINESS!!! PT. Barnum was attributed as saying "There's a sucker born every minute." Either you are ok with being a sucker or you are not. Below is help if you are not. 

    -First write GC a detailed letter, stating dates, issues, etc. TAKE A TON OF PICTURES. They say a thousand words and will be very useful. Everyone will want to see pics. Give GC an ultimatum to perform to standards or quit. Give options like exactly what you want them to do, when, how, etc to prove that they are "turning over a new leaf" and get a schedule from them and then hold them to that schedule. Document EVERYTHING. You will need it for court, complaints to the agency that oversees their lic in the state or county you live in and or court. 

    In this market, many GC are in huge demand. This usually means that they ask for and get money they have not worked for yet through large deposits and or having contracts that have payment schedules that massively benefit the GC and not the homeowner. In your demand letter, state that if they quit or do not perform appropriately that they have to cough up a determined amount and who the check should be made out to and where you want it mailed. Most importantly how long they have to pay you before you escalate. 

    Once all efforts on the part of the homeowner to mitigate (lessen) damages and has given the GC any and every chance to perform fail, then write another letter as a last-ditch effort to let them know they are within "material breach" of the contract. Courts like have their jobs be easy and by doing this leg work, you will make it abundantly clear who is in the right and who is in the wrong. A judgment is never "for sure" but this is leaving little room for the GC to legally wiggle out of. It is AMAZING what people get away with when they do not care about their character. Do not count on the courts seeing that you are right. You will have to more than prove your case.

    Maybe once the GC sees that you are not only willing to see it through but are likely to prevail in the future, he/she might be willing to work with you to come to a solution that is acceptable to you both. It can help you in some cases to already fill out complaints with governing agencies and or the BBB and take screenshots of the paperwork that is "ready to go" should they not attempt to work with you. Also, threaten to write bad reviews on review sites like yelp, angieslist, google, houzz, homeadvisor (though they make it SUPER hard to find a specific contractor let alone write a bad review), thumbtack (they are like homeadvisor), buildzoom (I REALLY like this site. They list permits that GC pull and where so you can see what they are literally up to. Good or bad), etc. Again, if they have an oz. of character, they will work with you so they do not have the bad press and or ill will. 

    If GC still does not work with you to come to an acceptable resolution, send in the complaints to BBB and the governing gov agency that oversees the GC lic to do business. STICK with these complaints. Put reminders on your calendar to keep the ball rolling. It just takes a few minutes to let the person working for the oversight agency know that you are serious. So, two weeks after you send in the BBB complaint, email them to let them know that you still have not gotten an appropriate solution and want them to continue going after the GC. Squeaky wheels get grease!! 

    If it is not effective to "inspire" the GC to work it out with you because you have reported them to the BBB and the gov agency, then file in Small Claims or the equivalent in court. If your case is over the max of that court, then hire an attorney. Keep in mind that the ONLY thing you are allowed to seek remedy for is what you are out financially. This amount DOES NOT include things like your time, "pain and suffering" or "punitive" damages of any kind. It will not even include what it cost to get it fixed by someone that is trustworthy. 

    Another thing to keep in mind is that it can cost (and usually does) AT LEAST 100k to take a GC to trial. 99% of cases are settled out of court for this reason. This does not mean that settling out of court will get you any kind of resolution you want or deserve. It will probably mean that you will cut your losses and have to write off the "civil" matter. You can still pursue having their license revoked and or if it is bad enough, asking the court to hand it to the District Attorney's office for consideration as a Criminal matter. I have been successful in this regard and two of the six guys that ripped me off actually served TIME IN JAIL for what they did to me and my family. They also had to pay me RESTITUTION which is money the courts deem is owed to you as the victim. ALL six had their licenses revoked thanks to me. 

    Good luck. You will need 5% of luck to your 95% of hard work. 


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