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  1. #1
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    Aug 2013
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    Default Contractor Paid for Work but Hasn't Installed Windows in Over a Year

    My question involves a consumer law issue in the State of: Michigan

    We have a contractor who we really like -- he has done a lot of work for us over the years. In the spring of 2012, we signed a contractor agreement to have windows installed in our home. We paid 2/3 of the total payment up front. The contract stated that the work would be done during a week in August of 2012. He kept postponing the date and now, here we are in the summer of 2013.

    We've had limited contact with him, as he's very difficult to get in touch with. He did explain to us that he's involved in a nasty divorce and that his wife took his company from him (although he's still doing work on jobs for that company). We've been more than patient with him and just want our windows installed (or a refund). I've filed a complaint with the Consumer Protection Agency and was advised by a lawyer friend to file a police report. We'd like to get things resolved w/out the police, but I really don't know what other options we have. Any advice? Thanks in advance!

    - - - Updated - - -

    The subject should say "Paid contractor for Work but Hasn't Installed Windows in over a Year"

  2. #2
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    Sep 2005
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    Default Re: Contractor Paid for Work but Hasn't Installed Windows in Over a Year

    You clearly asked for a refund? How long ago? How much money are we talking about?

  3. #3
    Join Date
    Oct 2006
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    16,097

    Default Re: Contractor Paid for Work but Hasn't Installed Windows in Over a Year

    Quote Quoting Mr. Knowitall
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    You clearly asked for a refund? How long ago? How much money are we talking about?
    I was just on the phone with my brother, who builds homes and for giggles and grins I asked him. He said he would be mightily surprised if it was less than 5k.

    Its clear what is going on here. The divorce has caused financial mayhem for the contractor and his company, the money for the deposit on the windows is gone or not in the hands of the contractor, and the contractor doesn't have the money to buy the materials to do the job. Otherwise he would be all over it to get the job done so that he would get the other 1/3 of the contract price.

    At this point however, the person or entity to go after for the money is unclear. Was the contract signed with an individual or a company, and if a company, who owns that company now (since the contractor stated that his ex got his company)?

  4. #4
    Join Date
    Aug 2013
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    3

    Default Re: Contractor Paid for Work but Hasn't Installed Windows in Over a Year

    First of all, we're talking $10K. And yes, we clearly asked for a refund. The contract was signed with the owner (former owner?) of the business. Supposedly, his wife now controls the company but he's now operating under a different company name -- one he started years earlier. He said his wife has the windows locked in his old warehouse and she had all the locks changed, so he can't get at them.

    The thing is, he told us that he reordered the windows (calling in a favor) and would get them installed. That was about 1 1/2 months ago and I haven't heard from him since. He's no longer responding to my emails/phone calls. Like I said before, the guy has done a ton of stuff for us over the years, so we've given him the benefit of the doubt. But now that he won't respond to my inquiries, we're really just want to get our money back and cut bait.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,097

    Default Re: Contractor Paid for Work but Hasn't Installed Windows in Over a Year

    Quote Quoting crabbydad
    View Post
    First of all, we're talking $10K. And yes, we clearly asked for a refund. The contract was signed with the owner (former owner?) of the business. Supposedly, his wife now controls the company but he's now operating under a different company name -- one he started years earlier. He said his wife has the windows locked in his old warehouse and she had all the locks changed, so he can't get at them.

    The thing is, he told us that he reordered the windows (calling in a favor) and would get them installed. That was about 1 1/2 months ago and I haven't heard from him since. He's no longer responding to my emails/phone calls. Like I said before, the guy has done a ton of stuff for us over the years, so we've given him the benefit of the doubt. But now that he won't respond to my inquiries, we're really just want to get our money back and cut bait.
    Ok...that still doesn't answer my question. The contractor signed the contract on either his own behalf, or on behalf of a company. Your remedy if he signed on behalf of a company would be to sue the company...which is now supposedly owned by his ex wife. That might get the windows released to you if they are really in a warehouse that the company controls.

    If he signed on his own behalf, then you have to sue him.

  6. #6
    Join Date
    Aug 2013
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    3

    Default Re: Contractor Paid for Work but Hasn't Installed Windows in Over a Year

    Got it. Looks like I'll be suing his wife. Thanks for the advice!

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