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  1. #1

    Default C.o.d Contract "Balance Due at Installation"

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

    Last time I was on this board It helped me a lot and I was able to win an appeal thanks to help from here so here I am again thank you.

    I found a metal garage I liked online and I entered into a COD contract via e-signature . I think I need to cross out company info before uploading it here?

    Basically it just states "balance due at installation" and "all orders are COD" and does not give a deadline for completion. The person who called and setup the installation day said that it would only take 1 day.

    The installers came to install the metal garage and demanded payment before even unloading the materials. I asked if it was to be completed that same say and they said yes it would and I Reluctantly handed over my cashiers check.

    At 530 pm the installers notified me that they did not have all the materials to complete the job and they had no idea when they would be able to finish it.

    I called the company which was now closed and left a Voicemail explaining that the job was not completed on time as agreed and that I wanted to reschedule and also wanted a discount for the delay.

    Since I was not able to reach the head office I went back outside and told them to give me my cashiers check back because I refused to pay for something 1/4 of the way installed. All that was done was the framing and roof. The siding, roll up doors, side door and window were not done. Also there was a lot of missing screws including some in the structural truss cross braces.

    The installers gave me the check back.

    Approximately 2 weeks later without any warning, I receive a phone call while I am at work and it is the head office telling my that the crew is back at my house on my property and that they need immediate payment in order to complete the job or else they will uninstall and take back the materials.

    Since It was not planned or scheduled I was unable to leave work and I told them they were trespassing and to leave the property.

    Now I am being sued by a collections company for the entire balance plus interest.

    Not only was I left with an incomplete unsafe structure, I had to postpone work which I has scheduled to be done in the garage.

    Anyone have any advice for best course of action? Shall I seek an attorney or is this one just a matter of representing myself and telling the judge what happened. ?

    thanks

  2. #2
    Join Date
    Oct 2016
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    Default Re: C.o.d Contract "Balance Due at Installation"

    You could, of course, contact the company and get them to complete installation and pay them.

    You didn't say if they actually left what they started or took everything with them?

  3. #3
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    Default Re: C.o.d Contract "Balance Due at Installation"

    Refer to your contract.

    Since “balance due at installation” and COD are mutually exclusive of each other, you need to understand what the contract actually provides for.

    As to the collection company; again, refer to your contract to determine if it states payment due at installation or cod. That will determine what you need to tell the collectors. It’s likely to be a choice of; the building isn’t complete so I don’t owe yet or, where do I send the check.

    Regarding a demand for interest; again, refer to your contract. If it allows for interest on unpaid balances, refer back to your contract to determine when payment is due and to from there. If it doesn’t provide for interest, it doesn’t provide for interest.

  4. #4
    Join Date
    Mar 2013
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    17,072

    Default Re: C.o.d Contract "Balance Due at Installation"

    Since It was not planned or scheduled I was unable to leave work and I told them they were trespassing and to leave the property.

    Now I am being sued by a collections company for the entire balance plus interest.
    How much time has elapsed between those two sentences?

    And does "I am being sued" mean you have been served a summons and complaint with a court name and case number, signed by a judge or court clerk?

    Or something else.

  5. #5

    Default Re: C.o.d Contract "Balance Due at Installation"

    The first thing I did when I found out it wasn't going to be completed that day is call in and left a voicemail to reschedule. The company is out of oregon so when they don't bring all the materials, then it takes a lot of time to come back out. They left what they brought and competed. I ended up ordering the remainder of materials and finishing it myself. I couldn't find the exact match color so now I still have to paint it. The main issue is their lack of communication and willingness to give a discount for the delay which resulted in them just sending out the crew again without notifying me. It's not fair to do that and then demand money immediately while I'm at work and unavailable to leave.

    The contract does say " all payments are C.O.D " and balance due at installation" how are they mutually exclusive?

    The contract does allow for interest on unpaid balances.

    Date of installation was 5/14 2018 and date of being served the summons and complaint is 6/20 2019.

    The complaint is pretty bad. All it states is that I haven't paid for the work as in the contract and that I owe. It also says work was completed in Oregon which is incorrect.

    Am I allowed to cross put some stuff and upload the contract and summons and complaint here?

  6. #6
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    Default Re: C.o.d Contract "Balance Due at Installation"

    If you have any of their material and they performed any work you obviously owe them something. Whether you owe them the entire amount will be largely based on what it says in your contract and what a court decides. You will surely owe them something. In law,there is a term; quantum meruit. It’s a Latin term meaning; as much as he has deserved, or simply, you pay for what ya got, both labor and materials. Whether a court will determine some amount is owed or the contract is due in full will be up to the court to decide.


    You need to take the contract to a lawyers if you want an interpretation of it.


    C.O.D. And payment in full at installation are mutually exclusive because of what they say.


    cod-collect on delivery. That means you pay when they drop off the materials.

    Bakance due at installation means the debt is due once the installation Is complete.

    The difference is you owing when they drop the materials or when they are ready to walk away after assembling the building.


    The only way I can see those terms working together is if the materials are cod and the balance (basically the labor cost) is due after the work is performed.

    But for Pete’s sake man, it’s been over a year and you haven’t paid them anything? Don’t you see that as you being in the wrong, at least at some level?

    Oh, and your threat of charging them with trespassing pretty much assured the fact they weren’t going to return. That is likely to really hurt you in court.

  7. #7

    Default Re: C.o.d Contract "Balance Due at Installation"

    For them "balance due at installation" meant pay before they unload the materials.

    The installation was not completed as agreed on. I offered to pay them if they provided a 15% discount for not completing the job as agreed.

    They refused and then decided to try and screw me by showing up un announced demanding $6000 Immediately before they do anything else and then threaten to trespass and take back the materials if I do not comply.

    How I am supposed to come up with $6000 immediately when I'm Very busy at work 20 miles away. That's ridiculous.


    So now :

    -I've lost money not being able to use my garage.

    - I lost time having to research what color it is so I can buy the right materials to finish the job.

    - Iost time and money buying and installing those materials.

    - I've lost time dealing with "WCMB'S" complete and utter incompentency.

    - now while I'm on a family leave from work to take care of my baby daughter, I have to lose more time defending myself in court when I should be the one suing them.

  8. #8
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    Default Re: C.o.d Contract "Balance Due at Installation"

    So now :
    -I've lost money not being able to use my garage.

    - I lost time having to research what color it is so I can buy the right materials to finish the job.

    - Iost time and money buying and installing those materials.

    - I've lost time dealing with "WCMB'S" complete and utter incompentency.

    - now while I'm on a family leave from work to take care of my baby daughter, I have to lose more time defending myself in court when I should be the one suing them.
    none of that is compensable.

    You owe them money. They owe you nothing at this point.

    And you have nothing to sue them for.

  9. #9
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    Default Re: C.o.d Contract "Balance Due at Installation"

    Quote Quoting ohthreecummins
    View Post
    For them "balance due at installation" meant pay before they unload the materials.

    The installation was not completed as agreed on. I offered to pay them if they provided a 15% discount for not completing the job as agreed.

    They refused and then decided to try and screw me by showing up un announced demanding $6000 Immediately before they do anything else and then threaten to trespass and take back the materials if I do not comply.

    How I am supposed to come up with $6000 immediately when I'm Very busy at work 20 miles away. That's ridiculous.


    So now :

    -I've lost money not being able to use my garage.

    - I lost time having to research what color it is so I can buy the right materials to finish the job.

    - Iost time and money buying and installing those materials.

    - I've lost time dealing with "WCMB'S" complete and utter incompentency.

    - now while I'm on a family leave from work to take care of my baby daughter, I have to lose more time defending myself in court when I should be the one suing them.


    You paid them a contract deposit I presume and balance (as per contract) was due COD on installation. That is pretty standard in that industry. However, they never completed the installation and the contract doesn't say COD on delivery. You owe them nothing until the garage is complete.

    Seek out an attorney that can write you a letter saying that when the garage is complete they will be paid as per the terms of the contract. That shouldn't cost very much.

    And BTW, once a vender brings something into your home (across the threshold) or installs something on your property (affixed to real property), they by law can't remove it without your permission or a court order. So that threat of removing what had been installed was just to scare you.

    You could sue for breach of contract but I suspect that it will work out before that happens.

  10. #10
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    Default Re: C.o.d Contract "Balance Due at Installation"

    A COD is an abbreviation of collect on delivery so yes, if the contract says cod, it says collect on delivery.

    Budwad also ignored the fact you ordered them off your property and threatened them with charges f trespass. Once you did that, they could not legally enter your property without express invitation. Since you prevented them from fulfilling the contract, you are the one who caused a breach.

    You also have not only not allowed them to fulfill their requirements in the contract, you have retained property you have not paid for. While highly improbable it would be charged, that might be able to be interpreted as a crime of conversion.

    Unless the contract stated they would report to your home only at scheduled times, they werenít required to schedule a time to assemble the building so you could be there. Once you signed the contract for them to build it, they had been invited, without restriction other than what is within the contact, to assemble the building. Unless you have a provable claim you had another agreement they would be at your home only during scheduled times, you lose on your argument they showed up while you were at work. You also prevented them from removing their property when you demanded they leave under threat of charges of trespass. If you had let them take their property, you wouldnít be in this situation. If you had made arrangements they complete the building, you wouldnít be in this situation.

    So, the problem is you have material you havenít paid for. They performed work you havenít paid for. You were bound by contract to pay for both.

    you prevented them from completing the building and from what youíve posted, youíve never attempted to allow them to complete the building based on your unjustified demand they discount the price. Unless the contract stated it would be built within some specific time frame, you are demanding compensation you have no valid basis to make.


    And budwads claim that anything a contractor brings upon your property cannot be removed without either your or a courts permission is absolute bullshit. His argument would allow you to prevent a contractor from even r moving his tools or work vehicles. Obviously that is an incorrect position.

    Now he will reponnd with ď you know what I meant. I was referring to materialsĒ. Well, he didnít say materials. He said anything and tools and vehicles fall under the definition of anything

    but even with that he is wrong. If you didnít pay for what they brought, you have no legal right to demand it remain on your property. The only exception to that is if something was installed or attached to the land or an existing structure. In those cases, their right to remove it is limited. That doesnít mean you can lay claim to it without payment. In your case, the contractor had every right to remove anything that wasnít attached or installed. If this was a free standing structured, even if they had removed the construct, your only claim would be one of compensation for the condition of the property. Any claim you might have to what they took would be offset by the fact you didnít pay them. It would be a wash.

    budwad is also ignorant of the fact the other party has already filed suit. Writing a letter now is not going to do squat unless the other party agrees to engage in negotiations. You are being sued and need to show up to court when scheduled.

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