Me vs. the customer

[Besoeker]

My concern with the go-ahead-and-pay-for-the-TV-to-get-more-referrals train of thought is having the referrals sound something like

I agree. Referrals like that aren't worth a lot, if anything.
So I wouldn't do it for referrals. Just as a means of getting paid.
With a big caveat that it is a goodwill gesture and nothing more and that it constitutes absolutely no admission of any liability whatsoever.

 

[wireguru]

she probably has a brand new flat screen hidden in a closet, and bought a broken 20in off craigslist the day before you came.

 

[AV ELECTRIC]

What was the reason for the change out ? There could have been something that went wrong before the change out that led to the demise of the tv and it wasnt turned on until after the upgrade. Your goal must be to get paid and as soon as possible. Did you ask to get paid ? If she says she wont pay till she gets a new tv tell her to price out a comparable tv and deduct it from her bill do not go out and buy her a tv. I do not think this is a scam just one of those things that happened. I would not do a service upgrade just to get a basic tv that wasnt working. I would say my lights are flickering once in a while and ime not not paying till you fix it.

 

[codewarrior321]

What is the purpose of a ground, to carry fault currents. There is no way that you would had fried her tv if everything else on that circuit was not fried, like the cable box. That is very low in her part trying to steal from your familly. I would go with her to the / tv repair men and talk shop, let him explain how a ground frys tvs. I would love to find out about his answer, last time I check we were the authority in electrical circuits and know a couple of things about electrical-electronic field. I thought that it would be a correct answer.

 

[RH1]

What would be my recourse, or how could this best be handled? Thanks

Ignore it.

 

[jaylectricity]

Maybe you better disconect their power for "safety" reasons until you get to the bottom of this.

Right on, wouldnt want the refrigerator to lose its ground

Nah, refrigerators are too heavy to fly.

 

[e57]

I have a clause in my contracts that basically states I own the material until the customer pays me in full, and I have the right to reposess my material if not paid

Wish that was legal here....

Anyway, I would offer "repair" of the TV and "Only as a gesture of good will" if that is refused - put a lien on the house.... Let her take it to small claims. Screw the refferal - you'll only get jobs from people wanting free stuff out of every deal.

 

[480sparky]

I have a clause in my contracts that basically states I own the material until the customer pays me in full, and I have the right to reposess my material if not paid

How do you claim a legal right to someone else's real estate?

As soon as you install something that becomes part of the structure (wire, boxes, devices, ceiling fan whatever) it is no longer personal property but real estate. You may want to check with your lawyer about the legality of this clause. You could find yourself in serious trouble.............. or jail!

 

[LarryFine]

As soon as you install something that becomes part of the structure (wire, boxes, devices, ceiling fan whatever) it is no longer personal property but real estate.

Right, and we need that as protection from job-site vandalsim and theft. The customer is the victim, not us.

 

[satcom]

How do you claim a legal right to someone else's real estate?

As soon as you install something that becomes part of the structure (wire, boxes, devices, ceiling fan whatever) it is no longer personal property but real estate. You may want to check with your lawyer about the legality of this clause. You could find yourself in serious trouble.............. or jail!

Yup, In most states, trying to remove any installed material, will have you in the lock up not the customer, and if you have that in your contract, you may need to have a lawyer review it.

 

[RH1]

Yup, In most states, trying to remove any installed material, will have you in the lock up not the customer, and if you have that in your contract, you may need to have a lawyer review it.

This is technically true, but here's the work around: You can, and should remove installed material if you feel it poses a danger to the occupants.

Once I installed a panel on a small 4 unit apartment building, the cheesy owner did not pay. He said "No! I not pay you, you cheat me! I watch! It easy job! I no pay!" A week later that panel was back in my truck and he had 4 angry tenants.

If someone doesn't pay you, you may realize that your installation is a fire danger and it must be removed immediately. Doing so is actually heroic, you're saving lives!

 

[Mr. Wizard]

Today is Tuesday, and not a word from the TV "repairman". I'm glad I didn't foolishly run out and purchase her a TV to try to put out the flames. Regarding my contract wording that states I retain ownership...I wrote that in a long time ago, and had an attorney review it, and he said it looked o.k. After reading some of ya'lls responses, I will have that looked at by another attorney to verify. I would sure hate to get caught with my pants down.

 

[bradleyelectric]

Today is Tuesday, and not a word from the TV "repairman". I'm glad I didn't foolishly run out and purchase her a TV to try to put out the flames. Regarding my contract wording that states I retain ownership...I wrote that in a long time ago, and had an attorney review it, and he said it looked o.k. After reading some of ya'lls responses, I will have that looked at by another attorney to verify. I would sure hate to get caught with my pants down.

Maybe so, but have you seem your check yet. Really that is what is important here right? What exactly is it that would make the customer satisfied enough to pay you? Sometimes I like to show how hard my head is, other times I need the space in my head for other things and look for an amicable resolution.

 

[mivey]

Maybe so, but have you seem your check yet. Really that is what is important here right? What exactly is it that would make the customer satisfied enough to pay you? Sometimes I like to show how hard my head is, other times I need the space in my head for other things and look for an amicable resolution.

But this is so not about the money. Going to court, standing your ground, etc is so much more than the money.

He has been insulted, talked down to, and feels he has been the victim of a scam. If it was the money, this would have been over long ago with a $50 used set from the pawn shop.

She, after a rant, tells me I fried her TV. She then takes the TV to the local barbershop/cd retailer/TV repair shop, and comes back 20 minutes later with the diagnosis of "there was no ground on the TV when the power was restored, so it fried the TV."

But she really made a mountain out of a molehill, her attitude about the whole thing really ticked me off.

 

[LarryFine]

If it was the money, this would have been over long ago with a $50 used set from the pawn shop.

That would be funny if she pawned the old one, and he ended up giving the same one back to her.

 

[RH1]

But this is so not about the money. Going to court, standing your ground, etc is so much more than the money.

He has been insulted, talked down to, and feels he has been the victim of a scam. If it was the money, this would have been over long ago with a $50 used set from the pawn shop.

It is about the money and nothing else. Never get emotionally involved with your business. It's a game and we keep score with dollars, that's all there is to it.

 

[bradleyelectric]

But this is so not about the money. Going to court, standing your ground, etc is so much more than the money.

He has been insulted, talked down to, and feels he has been the victim of a scam. If it was the money, this would have been over long ago with a $50 used set from the pawn shop.

Your darn right going to court and standing your ground is so much more than being about the money. It better be, because it will cost you money in the fact everyone’s going to be looking for a settlement less than what is owed to start with, the judge may decide he likes her more than him do to the fact he.... whatever, lost time in that he's spending it on this and not on making money, and the best he will leave court with is a judgment. He still doesn't have a dime in his pocket. I was actually asking him what was more important to him in this situation.

I understand we can sit here and discuss how important it is for him to stand up for us as a persecuted nation of service professionals that have been wronged for so long called names like crooks, rip-offs, not worth enough to make a good living on. The fact is we have made it so far since we first came together to face this struggle and rise ourselves up. We may want to keep our eyes on the long term goal and what is going to get us there. I think this 1 may be something that would do nothing but side track us from that ultimate goal.

Just my opinion. It and a decent cell phone on top of the hill gets you a phone call.
(that was a pretty powerful couple paragraphs, no?)

I like to kid with my friends that I talk like Archie Bunker, but can write like a lawyer.

 

[RH1]

as a persecuted nation of service professionals that have been wronged for so long called names like crooks, rip-offs, not worth enough to make a good living on.

The public does indeed view us like this, and we have general contractors to thank for this. 99% of all the rip off stories you hear involve general contractors. The remaining 1% of stories involve roofers.

I have never in my entire life seen a news story about an EC that ripped off a customer. But since the public cannot discern the difference between general and specialty contractors, we get the bad rep generated by GC's.

Actually, general contracting is such a scam, I'm surprised it's still legal. The general contractor insinuates himself between the customer and the people who actually do the work, he skims off funds as they pass by and when the job turns out good, he takes full credit. He's a middleman, he buys low, sells high and adds nothing to the product. What a racket.

 

[480sparky]

.............Actually, general contracting is such a scam, I'm surprised it's still legal. The general contractor insinuates himself between the customer and the people who actually do the work, he skims off funds as they pass by and when the job turns out good, he takes full credit. He's a middleman, he buys low, sells high and adds nothing to the product. What a racket.

Doesn't the grocery store do the same thing with all the food you buy there?

 

[RH1]

Doesn't the grocery store do the same thing with all the food you buy there?

I often read comparisons of the construction business to doctors, lawyers, dentists and now something as mundane as a grocery store. In my humble opinion, these are not valid comparisons.

The grocery store sells commodities. Construction requires trained craftsmen to build hand crafted, custom installations to unique customer specs while complying with a myriad of codes and regulations. It is not like buying a case of coke at the store.

The electrician, the plumber, HVAC guy and other skilled tradesmen supply their talent, at below market rates, the GC claims he provides some sort of managerial service but those claims are ridiculous. Most of the time, the presence of the GC actually degrades the final product.