[garypeg]

I recently employed a roofer for a repair. He charged me $800 for 3 hours work, not including materials, which I provided. I wrote a check for that amount and afterwards decided that the amount was excessive. Plumbers go for $65 an hour locally, a fraction of the $266 the roofer charged. I wrote the check because in the past his charges had been reasonable. Can I stop payment on the check without being charged with a crime? SHould I then file suit to seek redress to this unjust enrichment? There is no written contract- can he file a mechanics lien.

Thanks

Gary

[excon]

Hello Gary:

The time to decide whether it was a good deal or not was BEFORE you hired him. So, if he did the work for the amount you agreed upon, and you paid him, you can't now go back and change the deal. If you stop payment on the check, he'll just sue you in small claims court where he'll win. I doubt he'll file a mechanics lien cause that won't bring him any money, whereas a lawsuit will.

excon

[ScottGem]

Let me get this straight. You hired a roofer you have worked with in the past. You did not sign a contract with him, nor get an estimate of the costs.

At the conclusion of the job, you paid his invoice. Now, you think the cost excessive, partially because plumbers charge less per hour.

Sorry friend, but, as excon noted you are too late. You are suffering from buyer's remorse, but you have NO justification for stopping the check or not paying his fee. Yes he can file a mechanic's lien if you stop the check.

Next time you get a contract with a list of charges before you authorize any work.

[garypeg]

Hello Gary:

The time to decide whether it was a good deal or not was BEFORE you hired him. So, if he did the work for the amount you agreed upon, and you paid him, you can't now go back and change the deal. If you stop payment on the check, he'll just sue you in small claims court where he'll win. I doubt he'll file a mechanics lien cause that won't bring him any money, whereas a lawsuit will.

excon

Thanks for the replies. It was a repair so we hadn't executed a written contract this time. His previous charges had been reasonable.

So if, say it rains and the roof repair did not fix the problem he was hired to fix, then am I justified in stopping payment (if in time) and then arguing the case? Are there any criminal ramifications if stopping payments on checks?

Thanks

Gary

[ScottGem]

Yes the Roofer could press charges for passing bad paper, though that is unlikely.

If you stopped payment, and I were the roofer, I would immediately file a mechancics lien and sue you for the $800 and any costs incurred as a result of the stop payment. And you would lose.

On the other hand, if you can show the repair was not done properly, you can then sue the roofer.

[excon]

Hello again, Gary:

The time to check his work was BEFORE you paid him. Down the road, if you become aware that his work was unsatisfactory, you can sue him.

By stopping payment, if it's your intention to cheat him, then YES, you are risking criminal prosecution. Stopping payment on the check, instead of CALLING him on the telephone to complain or renegotiate your deal, LOOKS like you're trying to cheat him. A prosecutor may very well throw you in jail.

excon

[garypeg]

Yes the Roofer could press charges for passing bad paper, though that is unlikely.

If you stopped payment, and I were the roofer, I would immediately file a mechancics lien and sue you for the $800 and any costs incurred as a result of the stop payment. And you would lose.

On the other hand, if you can show the repair was not done properly, you can then sue the roofer.

I have reason to believe that the repair is inadequate based upon what roofer said he would do and what he did, which I learned just a while ago while reviewing the paper work. I'll take my chances in court. I also doubt any prosecutor would intervene in what is clearly a civil matter. If I allow the check to go through the guy could disappear, not answer the suit and be hard to find, etc. It's the only way I can protect my legitimate interests.

Thanks again guys.

[ScottGem]

I'm sorry but I partially disagree. I do agree that its unliekjly you would be subject to criminal prosecuton, though its possible. But if you stop the check without any concrete proff that a substandard job was done, then the judge is not going to look kindly on it and you WILL lose in court. Currently I see NO justification at all for you to stop the check.

[excon]

It's the only way I can protect my legitimate interests.

Hello again, Gary:

You're full of crap! You protect your legitimate interests by doing business in a businesslike manner. You didn't do that. You don't protect yourself by ripping off your workers.

Come on, Dude. You don't think the work is shoddy. You think it's too expensive. What?? You think I forgot what you said wayyy up top? I didn't.

excon

[garypeg]

I'm sorry but I partially disagree. I do agree that its unliekjly you would be subject to criminal prosecuton, though its possible. But if you stop the check without any concrete proff that a substandard job was done, then the judge is not going to look kindly on it and you WILL lose in court. Currently I see NO justification at all for you to stop the check.

I have concrete proof. The more I review things and look at what happened, the more I find. I have a good chance of winning this one. Of course litigation is a long shot. Vendors, as you are aware, sometimes disappear, hide to avoid process, move or die. You can't get money out of people sometimes even if you win. I am taking the only avenue open to me at this time to protect my interests. My original inquiry had to do with an 'unjust enrichment" angle I was thinking of adding to my claim. You both advised me that this would not likely bear fruit. I am following your advice on that matter. The other angles I am more sure of. I have given the roofer the chance to rectify matters



Thank you very much for your concern.

[garypeg]

I'm sorry but I partially disagree. I do agree that its unliekjly you would be subject to criminal prosecuton, though its possible. But if you stop the check without any concrete proff that a substandard job was done, then the judge is not going to look kindly on it and you WILL lose in court. Currently I see NO justification at all for you to stop the check.

Can you file a mechanic's lien without a written contract?

[garypeg]

Hello again, Gary:

You're full of crap! You protect your legitimate interests by doing business in a businesslike manner. You didn't do that. You don't protect yourself by ripping off your workers.

Come on, Dude. You don't think the work is shoddy. You think it's too expensive. What??? You think I forgot what you said wayyy up top? I didn't.

excon

I am not impressed by your personal attacks. You did not read or understand anything else I said. If you disagree you can say so or point out the problem you see. Otherwise, you don't have anything to offer. Also you are mind reading. There's a whole lot you do not know about this situation. Apparently you don't care about what you don't know. You prefer to jump to conclusions. I gather you are a roofer who's not been paid for his work.

[excon]

Hello again, Gary:

Yeah, I knew you wouldn't like it. S'cool. I'm not here to make friends - just to call 'em as I see 'em.

excon

[garypeg]

Hello again, Gary:

Yeah, I knew you wouldn't like it. S'cool. I'm not here to make friends - just to call 'em as I see 'em.

excon

Apparently you are to make personal attacks. You call them like you want to see them.