Urbana, IL · Member since 2012 · 1k+ posts · 425 votes
I've got a backward contractor problem.
Rather than getting paid and skipping town my contractor has done some work painting a number of units. We paid him for one of the two completed and its been two weeks since he's done a single bit of work. His tools and supplies remain in the unit they were to start on next.
Obviously, I'll pay him for the second unit he's done and will never use him again, but what about the free tools? I'm not sure how to contact him at this point so do I get to keep the tools after 30 days? I wouldn't mind some of what's there but I don't want to overstep legalities.
At this point I am assuming he's in jail/hospital/etc. I did a preliminary search and didn't find his name recently. There was another with his name in another state that popped up but I can't verify its him. I agree on doing an inventory of the items there.
I'm also thinking I'll put them away in storage, inventorizing them, taking pictures, and holding them. I do owe on the second unit yet but I've not been happy with the work (obviously) and I can use the tools as a barter for the best price. Any thoughts?
Rather than getting paid and skipping town my contractor has done some work painting a number of units. We paid him for one of the two completed and its been two weeks since he's done a single bit of work. His tools and supplies remain in the unit they were to start on next.
Obviously, I'll pay him for the second unit he's done and will never use him again, but what about the free tools? I'm not sure how to contact him at this point so do I get to keep the tools after 30 days? I wouldn't mind some of what's there but I don't want to overstep legalities.
Buy your own tools and secure his - I can't imagine any scenario that wouldn't end in a headache (or worse) for you should you decide to take them, especially since you already owe for the work done. Everyone has a story, and his might be a sympathetic one. You just never know and probably not worth the trouble you could be buying yourself.
@David Begley and @Aaron McGinnis exactly my thoughts. It might be nice to get these tools as abandoned property but they are certainly not worth the headache that may ensue. I'll do the safest and most legal thing I can and if I get them that will just be a cherry on top
Be sure to [at least] take pictures... or maybe try to get a police report of abandoned property. If you can make this someone else's problem, instead of your problem, you will come out way ahead in the future.
If you do Not have a time is of the essence clause in the contact you may be required to attempt to contact the Contractor via documented means (certified mail), phone call with phone logs.
Additionally I would give the Contractor X amount of days usually 2 business days is fine to respond to your request to continue work or you will terminate the contract due to Non-Performance.
I would treat the contractor tools as Tenant abandoned property and follow the State Statutes. You may need to consult an attorney as your state laws are detailed.
https://www.revisor.mn.gov/statutes/?id=345.41
Lastly do the best you can to determine the value of the work the contractor did perform and calculate the amount you owe and mail it to their business address.
Well I found that I can turn it over to the police as found property at the very least. I'll wait a few more days and start the certified mail route and try a more aggressive contact. I didn't find him in the local police stations and I'm surprised none of his workers (college aged guys) haven't come for their things either.
One of my guys disappeared because he had an aneurysm. I never heard from any of his guys while he was in the hospital and I finally was able to get in touch with his wife. His crews were trying their best to keep everything on their plate moving, but they just didn't know how to handle a situation like this.
Your guy may be in jail, or he may be in the hospital, or he may be somewhere else. It doesn't really matter. Be a stand up guy here, regardless of what's legal. These are the tools this guy (presumably) uses to make a living.
If you've got somewhere to hang on to them for a little while, hang on to them and see if he or his guys come for them. If not, or you don't want to, turn them over to the cops.
Tools are expensive, and these are things that might take them a while to buy. If you were in his shoes, would you be happy if someone did this to you? for the unsatisfactory work, just deduct the contract for a re-work, make sure the new contract stipulates that you paid a re-work on his job, just to be sure. you have your legal views, he has his legal rights too. It's not morally right to do such.