I recently completed a 14′ x 23.5′ room addition for a couple that I have done some other large projects for in the past. In the mid-90’s, I gutted and replaced their master bedroom and master bathroom. About three years ago, I gutted and replaced their kitchen, including adding a spiral staircase from the kitchen to their second floor computer room.
One month ago, I met with him at his office to submit the final paperwork for the room addition. At this meeting, we talked about the completed room addition project and went over the paperwork. He commented that everything appeared to be in order. Normally, this couple pays quite promptly.
My problem is that I am owed approximately $ 1,800.00, and ever since that meeting on October 7th, my clients are dodging my attempts at contacting them. Based on our past relationship, I am mystified by this.
Here are few puzzling examples:
My initial attempts at contact were to provide him with an estimate for a new deck that they wanted me to build.
Attempts at phone contact (his preference since he works long hours). Three days in a row, his secretary said he was in, but when she asked for my name, mysteriously he had “just stepped out”. I’ve gotten no responses to the voice mails that I left. Also, voice mails that I have left at their home have also gone unanswered.
In addition, three faxes to his office (one per week) have gone unanswered. I did not mention anything about the money that I am owed until a fax I sent last week, which also got no response. And that was just to say that I felt uneasy about their lack of response and to please let me know if and when they intended to pay me. The topper is that I told him in the fax that I would be sending him a copy of the fax by certified mail. The certified letter came back yesterday marked “refused”.
I have not stopped by their home as it is 30 miles from my home, but I am so frustrated, I feel like going over there and removing the two custom storm doors that I installed, and loading them into my truck.
I suspect they are having marriage trouble or that something else totally unrelated to me is going on. I am perplexed.
Any suggestions? I plan to submit a second copy of the final invoice after thirty days, which would be at the end of this week.
Thanks for any help!
Replies
have u thought about filing a lien?
u may be running out of time.
hope u kept the refused certified letter.
bobl Volo, non valeo
Well, you've finished the job and politely played by the accepted rules of communication. Once the bill is 30 days overdue, go to some trouble to communicate with them directly (go to their house on a Saturday morning, or call there at a time when they will be home) instead of letting his secretary blow you off. Take the client by the horns and tell him that you will enforce your liens rights starting now and then do so. You did the correct pre-lien notification, right, and your contract says you can collect attorney's fees if you have to hire one to get a bill paid, right? I hope so, because most of us go a long time without problems, get lax about this stuff, and then have someone try to stiff us. It is currently your problem that you have not been paid--you need to make it his problem too.
I would remain un-emotional and professionall.
I would find out my options from a legal standpoint which probably first are filing a lein and presenting the case in small claims court.
If those are indeed your choices in that state, I would then write a letter stating the facts briefly and state that in order to preserve your rights, you will file a lein and a small claim on ____date unless you receive full payment prior to that time, and that you will also claim for all fees required to recoup, as well as interest charges for late payment, if they are legal for you.
That is the formal answwer, but I know that what has to be bugging you is the human element. After years of service to them, you are suddenly and rudely being given the cold shoulder. The relationship is gone. You are feeling a blow to your ego.
To get over that, you must focus on your successes. Otherwise, you will lose so much mental energy over this that you will be unable to focus on future projects and making them sucesful.
Were it a larger sum, the best way to do that would be to hand it over to a lawyer and forget about it.
Excellence is its own reward!