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won small claims case against contractor

Discussion in 'The Okie Corral' started by gjk5, Sep 21, 2012.

  1. gjk5

    gjk5 Pinche Gringo

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    whoopee.

    I hired a guy to spray our deck with this fancy schmancy coating that was supposed to be waterproof. Turns out it was not.

    I honestly gave the guy the benefit of the doubt, did not think he lied to us, just didn't know better and had not done a job like this.

    Long story short after the job last fall they agreed to come out and "recoat" due to our doubts. THey never did, we played phone tag this spring, I got sick of it and filed.

    He showed up to court and was extremely courteous (as were we), we both gave each other some evidence the other did not have copies of, spoke civilly, had smalltalk in the elevator.

    We came back for the verdict and the judge finds in our favor for full statutory amount ($7500 here).

    He smiles and says "congratulations" and I go to shake his hand. As soon as the door shuts on the judge's ass, he hisses "you will never see a dime of that money you effin scumbag", my wife starts to say something and he says "you shut your effin face". I smiled and wished him the best and walked out.


    At any rate: would his insurance and bond likely cover this as I have a court judgement on it?

    Am I within my rights (legally) to tell people not only about my dissatisfaction in the job, but more importantly about his behavior? My wife and I are in lending and real estate and know just about every builder in town. Some are personal friends, I feel like I should warn them.
     
  2. Cali-Glock

    Cali-Glock Mountain Man

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    File on his bond ASAP.
     

  3. NeverMore1701

    NeverMore1701 Fear no Evil Platinum Member

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    This. What a ******nugget.
     
  4. janice6

    janice6 Silver Member

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    File before he files bankruptcy and starts over with a new name.
     
  5. sierrafast

    sierrafast Coleccionista

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    Small claim courts are a joke. Good luck collecting a single dime.
     
  6. USMCsilver

    USMCsilver Boat Life ©

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    Did you PAY someone $7,500.00 to spray your deck? Really???
     
  7. scwine

    scwine ^%(#@$^!!!!!!!

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    This^?
    Maybe I need to go back to my 1st job or you got one heck of a deck.
     
    Last edited: Sep 21, 2012
  8. gjk5

    gjk5 Pinche Gringo

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    working on it, have to wait for him to file his interrogatory (which will have the ins info)

    He is actively doing jobs for builders we know, he cannot file BK and continue working on high end homes and if he cancels his bond/ins it will cancel coverage on other jobs which would lead him to not be hired again

    No. I paid $4500 to spray my deck, and it was not stain, it was a "polymerized granite" on a solid surface deck, almost like a Rhinoliner with ground granite in it. The reason for the max judgement is that the underlayment is now water damaged and swelling at the joins and seams and I will have to rip it up and re-do the whole damn thing. It will likely cost me $12Kish to re-do right. It's 970 sq ft so.......
     
    Last edited: Sep 21, 2012
  9. gjk5

    gjk5 Pinche Gringo

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    ETA: the deck is the upper side, there is a patio off the walkout basement below, the underside is stuccoed and has lights, fans and speakers, so it has to be watertight up top. Hopefully I can fix the stucco or that is another $5kish......

    there was some damage to begin with as this was a bank-owned home and the upper deck had failed (but I paid a different General to re-do the surface to this joker's specs in prep for the magic spray)

    I think we will do stamped, stained concrete this time.
     
  10. NeverMore1701

    NeverMore1701 Fear no Evil Platinum Member

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    Hope you get your money!
     
  11. USMCsilver

    USMCsilver Boat Life ©

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    You had me REALLY worried there for a minute.

    So...you had/have a Trex branded (style) decking? Just curious here as we (Lowe's) sell the stuff. What did you see lacking in the surface? Slick when wet, or what?

    Sounds kinda like a neat idea, but yeah...I can understand it not adhering onto a nonsanded polymer surface. (Did they sand it prior to spraying?)
     
  12. gjk5

    gjk5 Pinche Gringo

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    It's straight T&G OSB surface with the "stuff" sprayed over it. The original deck was T&G with INDOOR tile over it and Redguard underneath!

    No Trex or other "decking", it is a solid surface, one plane, no gaps. Theoretically the "stuff" would bond to the sheets.

    There is no roof or canopy over it and it needs to be watertight, so limited options.

    I have a bunch of pics but they are 8MB big images, not sure if I can load on GT.
     
  13. PettyOfficer

    PettyOfficer

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    Try photo bucket, real easy to use. Upload your photo and just copy the img link into a post, no need to HTML link it
     
  14. *ASH*

    *ASH* in hell everyone loves popcorn

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    so translation is when judge left he said " its on cuzzzzzzzz

    small claims court here in NC is a joke . i got few judgements on dead beat renters , never seen a dime .

    good luck but unless a miracle happens you won but lost .
     
  15. Hines57

    Hines57 Simple Member

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    You have to ask? I think I would have beat his ass for talking to my wife like that. Then I would tell every contractor I know about his crappy job and his attitude. I would make it my mission to ruin him.

    Yeah I may take things a little to personal
     
  16. NeverMore1701

    NeverMore1701 Fear no Evil Platinum Member

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    Sounds good to me!
     
  17. Peace Warrior

    Peace Warrior Am Yisrael Chai CLM

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    if you watched the movie, WarGames (ca. 1983), you will get this reference.


    gjk5: I think we will do stamped, stained concrete this time.

    joshua: Wouldn't you prefer a nice bucket of Thompson's water sealer?
     
  18. MrsKitty

    MrsKitty

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    My parents have rental property in NC. They collected on one judgement when the guy died and his estate was settled. They didn't know the guy was dead until they got a check in the mail.
     
  19. collim1

    collim1 Shower Time!

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    I sat through a entire day of civil court a while back. 99% of the cases were either contractor work or landlord/lessee cases.

    Hope it gets made right, that kind of stuff is frustrating.
     
  20. Fracball

    Fracball Authorized User

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    You should absolutely notify everyone about this person.