Dealing with bad contractors

Caroline Gerardo

Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes

3y

@Ivan Aldana License needs to be in his NAME not a company. You as consumer have no idea who owns that company.

@Scott Trench Kevin was removed by Bigger Pockets some time back, he had other complaints on other threads.

It is easy to fake being something online.

0 Reply

Todd Jones

Member since 2023 · 243 posts · 199 votes

3y

I understand you patched things up; however, some things don’t add up.

Why was Kevin hard to contact for that long? You shouldn’t have to go to a internet forum where you happen to find a guy who knows the area who then finds the guy who is actively working on your home with your money.

Kevin hired the guy. Why isn’t he removing him?
Why wasn’t he checking up on the subcontractor and giving you updates on the progress at least bi-weekly.

No update from Kevin for three months? What would have happened if Bob couldn’t find him? The subcontractor world have stayed there for 6 months/1 year without no action from Kevin? When was Kevin planning on contacting you?

How do you know the receipts we’re actually for your project?

If this is how he project manages, how good is his actual work?

Is there a better guarantee that he won’t go MIA again?

You get what I’m staying. Based on the info you provided, there are strong red flags. Hopefully, that discussion you had with him was the just to calm you down and con you. You know more of the details so we’ll see!

1 Reply

Account Closed

Rental Property Investor · Indianapolis, IN · Member since 2020 · 562 posts · 554 votes

3y

@Ivan Aldana so most people seem to be missing an important point. A GC can hire subcontractors without your permission unless the contract specifically states otherwise. Also a subcontractor can file a lien on your property if they aren’t getting paid. Liens can be very serious. Unfortunately you are stuck paying the subcontractor and your only remedy is to go after the GC. Get an attorney that is familiar with lien laws.

Important note. If a lien is filed it can be used to force a foreclosure on the property, so this isn’t something to mess around with yourself.

1 Reply

Matthew Paul

Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes

3y

Quote from @Account Closed:

@Ivan Aldana so most people seem to be missing an important point. A GC can hire subcontractors without your permission unless the contract specifically states otherwise. Also a subcontractor can file a lien on your property if they aren’t getting paid. Liens can be very serious. Unfortunately you are stuck paying the subcontractor and your only remedy is to go after the GC. Get an attorney that is familiar with lien laws.

Important note. If a lien is filed it can be used to force a foreclosure on the property, so this isn’t something to mess around with yourself.

This is very true . If you hire a GC and pay the GC , but the GC doesnt pay the subs , the subs can go after the owner of the property . And file a lien . So can the material suppliers . The owner in theory will pay twice .

0 Reply

Bob S.

Real Estate Consultant · Cleveland · Member since 2020 · 6k+ posts · 3k+ votes

3y

Quote from @Scott Trench:

Quote from @Caroline Gerardo:

"Kevin" is not licensed in Ohio, never was. see my links above. How much was dollar amount (interstate fraud US code section 1343...
and interstate wire fraud call the FBI in Ohio

(216) 522-1400 FBI Field Office

and @Scott Trench of BP probably has more information on other people defrauded. You probably won't get your money back but get them interested in catching Kevin Bad Guy. Local police don't have resources. If you can find the guy then get an attorney or you will be wasting your money.

Buyer beware just because someone is on a website does not mean they are real or honest. It is your job to ferret them out.

Right now, we have no marketplace for, and no way of verifying the license and background of the individuals who claim to be contractors on our site.

Was this an individual who you connected with on these forums? If so, then I agree with @Caroline Gerardo that you need to be careful. Anyone can sign up for a free membership on BiggerPockets. It would be similar to someone you connect with on Craigslist, Reddit, Facebook, or Twitter and you should do due diligence on professionals you meet with care.

We DO check to make sure that we have licensed agents and lenders on the "Find an Agent" and "Find a Lender" sections of the site, but we have not done the same research or built out our marketplaces for contractors, CPAs/Tax Pros, lawyers, property managers, turnkey providers, wholesalers, and so on. We DO plan to offer these marketplaces in future years, and hope to meaningfully cut down on situations like this (although you can never fully avoid them).

I agree with the other advice here. You may have been robbed, and are now being threatened. It's time to hire a lawyer and get some advice specific to your situation. I think this is going to be a very tough summer for you, and you may either have to pay for work to get done twice, or do a lot of sweat equity yourself.

I am so sorry this happened to you. @Noah Bacon is aware of this. Please let us know the individual who you are alleging has robbed you, and if they have nothing to say in their defense, we can remove their account and block anyone from their IP address from trying to rejoin the website.

All this worrying about if this guy has a license or not is a complete waste of time and energy. Nothing will happen to the guy, and this certainly would not have helped get Ivan get his money back. Also, one of you said, " no squatters' rights unless living there for 21 years, " well that is just the most incorrect statement I have ever read. If this squatter moved in and turned the utilities on that's it, they now have rights. Even after 1 week. Really should not be posting advice without facts. I normally get rid of squatters in 24 hours.

NO TODD this " squatter " would have been gone in a day.

Anyway, this problem was resolved in less than 1 hour,

Good luck to all

0 Reply

Account Closed

Real Estate Agent · Auburn Hills, MI · Member since 2022 · 45 posts · 67 votes

3y

Not legal advice but unfortunately you will have to bite the bullet. This has happened to me before, thankfully the contractor came around and finished the job nearly a year later lol. This contractor had a professional approach, was licensed, bonded and insured, everything checked out just like he checked out as soon as he got the money.

1 Reply

James Hamling

Real Estate Broker · Minneapolis, MN · Member since 2011 · 5k+ posts · 6k+ votes

3y

Quote from @Ivan Aldana:

Hey everybody! I need your guys help and some insight on this BIG problem I got. I hired this contractor that I found on the bigger pockets website actually and I ended up getting burned by him. He’s been working on a rehab, he did a little bit of the work and then just stopped doing the work then started getting hard to reach. So I took it upon me to send somebody out to see what’s going on with my property and come to find out there is this guy that says he’s been working on my property but I never hired him or contracted him. He says the he was hired through Kevin Holmes(my original gc) which I made an payout to already but ended up running away with my money and apparently he’s been also living in my property for the last 90 days!! I don’t want to do business with this guy at all, very unprofessional and I want him out my house! Tried calling the cops but seems like nobody wants to help me! On top of that he’s threatening to put a lien on my property because supposedly he’s the real guy that did a little bit of work on my property, but I never made a direct contract with this guy. ANY INSIGHT IS MUCH APPRECIATED HELP!!!

ATTORNEY - ATTORNEY - ATTORNEY TIME!!!!

yeah, holy-cow, that's WAY over the line and time to find the meanest, nastiest, most soleless cold blooded attorney money can hire and sue Sue SUE!.

Does that seem harsh? I hope so! Is it an overpowering reaction? That the point!

Someone goes to cut me, I take out a bazooka! No, I don't fight "fair", I fight TO WIN!

Lawyer up, and sick-em.

After that, LEARN. You without a doubt used a lot of assumption and blind trust, and are now paying the price. 90 days is WAY too much time to go by and not know with certainty what's going on. Not to mention too long for any reno.

yes, 90 days is WAY too long for ANY reno. Before anyone nay-says, look me up, I flipped 200+ unit communities in 90 days. I have NEVER had any SFH take more than 60 days, EVER, and I have popped tops, done major 6 figure flips, huge projects. 90+ days is mis-management unless your doing a community. And even then that's an extensive timeline.

We can nearly build an entire home from dirt in 90 days.

LAWYER UP!

1 Reply

Todd Jones

Member since 2023 · 243 posts · 199 votes

3y

Quote from @Account Closed:

@Ivan Aldana so most people seem to be missing an important point. A GC can hire subcontractors without your permission unless the contract specifically states otherwise. Also a subcontractor can file a lien on your property if they aren’t getting paid. Liens can be very serious. Unfortunately you are stuck paying the subcontractor and your only remedy is to go after the GC. Get an attorney that is familiar with lien laws.

Important note. If a lien is filed it can be used to force a foreclosure on the property, so this isn’t something to mess around with yourself.

Depending on the task, a GC should hire subcontractors. They bring in the experts in a specific area vs the GC who may not be certified/skilled in the area e.g., mold remediation, asbestos removal, etc.

The point you're making is what I'm leaning towards.

What's concerning is the subcontractor stated he wasn't getting paid by the GC yet still visiting/"living there". Did the subcontractor convince themselves "Heck, if you're not paying me, ...I'll just sit here. It's only fair. The owner's out-of-state anyway so who cares. Time to order some Subway." That's the initial impression. However...

If the subcontractor was being deceptive, they would not be constantly pinging you for payment. They would stay quiet.

This leads me back to the general contractor. The subcontractor was at least contacting you whereas the GC ghosted both of you.

Something to keep in mind. You may have to look at their work prior to the deadline to verify what is occurring. Still strongly recommend still contacting a lawyer so you're prepared.

Hope everything goes well!

1 Reply

Luka Milicevic

Real Estate Agent · Nashville, TN · Member since 2015 · 2k+ posts · 2k+ votes

3y

This is basically a daily occurrence when it comes to contractors

They work for a bit then disappear. They take your money and then don't pay the subs.

If they are licensed you can try go after their bond. This process will very much depend on your state.

You may very well have a lawsuit on your hands, which will be very costly and be difficult to enforce too. I have a friend right now where the sheriffs dept can't issue a warrant to the contractor because they can't find him. Since it's a civil issue, they don't really pursue them very hard.

I always try to pay a contractor to go away. I'll cover materials and labor and just ask them to now show up again. I haven't had issues doing this in the past.

1 Reply

Shilpa Shankar Bhatia

Flipper/Rehabber · Louisville · Member since 2023 · 12 posts · 5 votes

3y

I had an extremely similar situation last year, it was a property I was fixing up to sell, the main contractor had some issues (maybe drinking, drug or gambling) and kept asking me for money saying he needed to pay the crew and has been working really hard. Whereas in reality it was the opposite, work wasn't getting done, I was getting pictures of small sections of home that looked like he was working on, he wasn't paying the crew and even had random women living in my place with alcohol bottles and ramen noodles all around. One of the guys from his crew, got my number and threatened to put a lien on my place. It scared me, however I asked him how much he owed him, it was around $350; I sent him the payment and told him to never contact me ever again. All this happened when I wasn't in town. My realtor would go and check on the home. Finally, I had to cut ties with the original contractor, get him to leave the house, change locks, put internet, surveillance systems, cameras and blocked him.

I learnt my lesson to just cut my losses and move on and not sit and fight with such people. I had to redo a lot of work that he did not complete but had charged me for it. All in all probably lost about $15k but learnt a valuable lesson.

2 Reply

John Chong

Lender · Houston, TX · Member since 2023 · 235 posts · 255 votes

3y

Sorry to hear that happened to you. Just like everyone else mentioned, definitely reach out to an attorney to seek legal advice

1 Reply

Ivan Aldana

OP

Member since 2021 · 101 posts · 55 votes

3y

Quote from @Ivan Aldana:

Hey everybody! I need your guys help and some insight on this BIG problem I got. I hired this contractor that I found on the bigger pockets website actually and I ended up getting burned by him. He’s been working on a rehab, he did a little bit of the work and then just stopped doing the work then started getting hard to reach. So I took it upon me to send somebody out to see what’s going on with my property and come to find out there is this guy that says he’s been working on my property but I never hired him or contracted him. He says the he was hired through Kevin Holmes(my original gc) which I made an payout to already but ended up running away with my money and apparently he’s been also living in my property for the last 90 days!! I don’t want to do business with this guy at all, very unprofessional and I want him out my house! Tried calling the cops but seems like nobody wants to help me! On top of that he’s threatening to put a lien on my property because supposedly he’s the real guy that did a little bit of work on my property, but I never made a direct contract with this guy. ANY INSIGHT IS MUCH APPRECIATED HELP!!!

Update on the progress: My original GC(Kevin Holmes) went to the property to see what’s going on and come to find out Larry Hoover (the squatter/sub) changed the locks so nobody can get in. The police eventually showed up and says my GC has to leave and if he tries to drill the locks out that he will get arrested because it’s “trespassing” and the squatter has “rights” to the property because he has been there for more than 90 days supposedly. Without even showing proof that he’s been there for 90 days and the cops just take his word. So as of right now I need to get an attorney and get this squatter out!!!! If you guys have any rock star attorney recommendations send them my way! Or any ideas to get this squatter out! Please help!! This has gone way out of proportion.

1 Reply

Caroline Gerardo

Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes

3y

@Ivan Aldana says he now wants to sell.

The squatter was not there 90 days. Kevin probably owes the squatter $100. Squatter looks like 35 year old gangsta'. An attorney will cost $20000 minimum if this squatter fights it. Go there with a witness, hand squatter the 30 day notice to vacate with his name on it, the more information on paper Larry Immediate Carpet

17007 Laverne Ave Cleveland OH 44135 or 3275 W 46th St, Cleveland, OH 44102 Phone: (216) 256-6698
the better. Offer the squatter $500 to be out by 7 AM the next day and when you change the lock give him the $500. Tell squatter the judgement will wreck his credit. Install some cameras and motion lights to the front. Record who comes and goes. I don't trust Kevin as far as I can throw him, like an arrow, not, never met him just 'sayin. Does squatter have furniture in there? Take photos of everything. If there is a pile of stuff get a POD or UHAUL container delivered to driveway and let squatter fill it up and move it. You need him out ASAP or squatter starts removing the copper pipe, the mantle, the stove, the HVAC is probably gone. You cannot sell with this person obstructing. Larry Hoover is holding you hostage,, you are in their community. After you get them out, board up every window, install cameras, get a trusted friend with a dog to stay there until you sell for cash more people return with nightmares.

@Bob S. I often agree with you. Squatter has online claims to be in a gang and owns a 24 hour Carpet or flipper clean up company. My guess he was given keys, was not paid, and stayed there sort'a two weeks. We don't know any of the people but the neighborhood is C and 3 months vacant was a flashing sign out front: kick me. Cleveland knows outsiders are gentrifying. Ivan is now saying he is going to sell.

0 Reply

Lin Yin

Member since 2022 · 13 posts · 10 votes

3y

@Ivan Aldana dude, your GC didn't check on your house for 90 days, allowing a squatter to live there this whole time, and yet are are still committed to doing business with him. Naive is the best thing I can say.

1 Reply

Ivan Aldana

OP

Member since 2021 · 101 posts · 55 votes

3y

Quote from @Caroline Gerardo:

@Ivan Aldana says he now wants to sell.

The squatter was not there 90 days. Kevin probably owes the squatter $100. Squatter looks like 35 year old gangsta'. An attorney will cost $20000 minimum if this squatter fights it. Go there with a witness, hand squatter the 30 day notice to vacate with his name on it, the more information on paper Larry immediate Carpet

17007 Laverne Ave Cleveland OH 44135 or

3275 W 46th St, Cleveland, OH 44102 Phone: (216) 256-6698

the better. Offer the squatter $500 to be out by 7 AM the next day and when you change the lock give him the $500. Tell squatter the judgement will wreck his credit (he probably has bad credit if he's doing this break and enter hold you hostage). Install some cameras and motion lights to the front. Record who comes and goes. I don't trust Kevin as far as I can throw him, like an arrow, not. Does the squatter have furniture in there? Take photos of everything. If there is a pile of stuff get a POD or UHAUL container delivered to driveway and let squatter fill it up and move it. You need this ASAP or squatter starts removing the copper pipe, the mantle, the stove, the HVAC is probably gone. You cannot sell with this person obstructing your life. Larry Hoover is holding you hostage and this is not unusual you are in their community. After you get them out board up every window, install cameras, get a trusted friend with a dog to stay there until you sell more people will return with nightmares

What are you talking about? Please don’t speak on my behalf.

0 Reply

Logan M.

Investor · Provo, UT · Member since 2016 · 759 posts · 626 votes

3y

Here are a few tips for your situation.

1. I would talk to an eviction attorney and work on getting him out of there with a plan to file a large judgment.

2. I would hire individual workers and not a GC. A GC can be a beautiful thing if they can be trusted but even in projects I have a GC I get pricing on everything so I can negotiate or bring in another worker.

3. Get all of your communication together with this gentleman and make it easy for your attorney to see what is happening.

This guy sounds like he has done this before.

1 Reply

Anna Barlow

Member since 2024 · 3 posts · 3 votes

2y

Ivan did this Kevin Holmes work in Ohio? I have a contractor named Kevin Holmes, that has some negative BBB reviews I just learned of, and I was wondering if this is the same guy? Thank you

1 Reply

Dealing with bad contractors

Dealing with bad contractors

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