[springfever]

I recently dealt with the most particular client I have ever had. It was a patio project with a sitting wall and arbor. They nit-picked every paver and block in the whole project. We made every little change they thought they needed and sent the invoice. They of course threw a fit about that. They said they caluclated the invoice themselves and are sending me a check minus about $1000.00. I of course told them that their warranty will be void and they said they didn't care. They also had been planning this the whole time as they said I could take them to small claims court but they knew they would win because they had in the past. At this point it is worth it to just move on and not have to deal with them ever again. But it is a chunk of money. Does anyone have any advice on what to do next? Should I just let it go and chalk it up to education? Or has anyone put a lien on a client's house? Just wanted some thoughts. Thanks!

[Dragonfly]

Lien them if you have a
Contract
Notes to refer to through out job
Call logs
Copies of all correspondence
A contractors liscence
A lawyer
Once you place the lien let your answering machine pick up their calls so you can use their less than nice messages against them in court. Usually once they get the lien notice they pay. If you have to go to court pictures will speak volumes and be prepared to say all work was done to industry standards and be able to back it up.

[Stonehenge]

I'd follow that advice - especially regarding placing the lien - do that first.

Unfortunately, there are people just like that in this world - I worked for a client just like that about 7 years ago, and after looking at their court history, it was clear we were in a long line of companies they tyried to screw.

Given the dollar amount it may not be worth the time to have a lawyer take the claim to court (small claims or otherwise); or if you really are unhappy, tell the attorney (s)he can spend up to 100% of the money you are owed to squeeze that money from them.

And odds are there were some red flags this client raised that were somehow missed - see if you can remember what they may have been, and watch for them in future prospective clients.

Good luck!

[Forge]

I just had a client do the same thing, calculate their own invoice and decide what to pay me for a design/install job. I came in about $50 less than the estimate and they still said it was too much and shortpaid $250. Mind you, 250 is nothing close to a grand, but still it is the principle that matters.

In reality, I changed the invoice to match the check and deposited it. What I imagine is dressing up in some black pajamas and repo-ing the $300 hemlock just to spite them.

All-in-all, I am with the Hengenator and let your lawyer spend up to the amount owed plus what your yearly budget allows for 'vengeance' and see what happens.

[NCSULandscaper]

lawsuits shouldnt cost you anything, you should also figure in cost of courts, lawyers fees, and loss of time being in court.....so your initial $1000 lawsuit could easily be 3-4k in the end............

[agla]

It should be small claims and there would not be lawyers involved, if it is in small claims. Document as much as possible. It is often the most prepared person who wins in small claims from what I am told.

[Stonehenge]

Not to nitpick, but whether an attorney is present is only determined by whether either party decides to take one with them. Not that it happens much (almost never), but if I'm walking into a courtroom, I like having a hired gun with me.

[familyguy]

it seems that a late night black mask party is in order.

the guy who can pull up the most pavers in 45 seconds wins....

[Raj Venugopal]

What's it worth to you?

What can you live with...what can't you live with?

Originally posted by springfever
I recently dealt with the most particular client I have ever had. It was a patio project with a sitting wall and arbor. They nit-picked every paver and block in the whole project. We made every little change they thought they needed and sent the invoice. They of course threw a fit about that. They said they caluclated the invoice themselves and are sending me a check minus about $1000.00. I of course told them that their warranty will be void and they said they didn't care. They also had been planning this the whole time as they said I could take them to small claims court but they knew they would win because they had in the past. At this point it is worth it to just move on and not have to deal with them ever again. But it is a chunk of money. Does anyone have any advice on what to do next? Should I just let it go and chalk it up to education? Or has anyone put a lien on a client's house? Just wanted some thoughts. Thanks!

[Mac]

I had the same thing happen this spring too. Yes, I certainly did miss a few red flags. I keep invoicing them for their unbilled amount and may file claim later this summer when I have a chance to atttend court if it goes to that.

[LandArts]

If you go to court you'll waste a lot of time and energy and if you win they likely still won't pay.

[Mac]

I know, isnt that terrible? A judgement with no teath. However, I remember from my last stiffing that somehow I was able to garnish my judgement from a bank account... I dont remember exactly how that went.

[Dire Wolf]

Due to a similar event years ago I told the home owner that if the invoice was not paid in full I would remove the pavers and not re install. His reply was that I would be tresspassing and once the materials are dropped at the clients property they than have legal possesion. I then sought council and the lawyer confirmed his remarks about about tresspass and possesion. The lawyer said I needed to write a clause at the bottom of contract which now reads " All materials remain property of Kaiser Maintenance untill balance of invoice is paid in full." This is right next to where the clients sign. 2 years later I had another short pay and when I showed him his signature next to the clause he pulled out his check book right then and there. Now ALL changes are documented and signed by the client no matter how big or small.

[Squizzy Taylor]

As wolf said above, down here my quotation and Tax Invoice both state "A goods and service remain the property of Squizzy until paid in full". I had a landscaper (of all people) not pay for a driveway job...after 3 months I turned up and just started unloading the skid...I hardly got the ramps down before the cheque book was out.

I sought legal advice on the that notice and it is good..here...the goods and or service are yours until paid, however, in recovery, you must not doing anything worse than return the clients property to its pre-works condition. This is where photos of before and after become important....a judge may have to rule on it. Just turning up to reclaim your goods will do the trick in my experience but you would want to be careful how you went about it.

[Stonehenge]

It takes some stones to do something like that, Squizzy. Kudos for doing it. I may add that bit of legaleze to my contract language.

Bad clients almost never happen anymore, but when they do it's nice to have a contract that has your back.