This is going to be an Accord and Satisfaction question but let me give some background. I am a small residential concrete finishing business in Ohio. The customer requested a quote to put a concrete skirting/patio around their new in-ground pool after the customer had backfilled the existing excavated trench around the pool with gravel. The quote for the patio was $5,600. The customer then verbally asked for a price for the gravel backfill which we verbally agreed to a combined price of $6,500 for the concrete work and for 20 tons of gravel backfill with additional reasonable cost if it needed more than 20 tons. It required 28 tons of gravel so the final invoice was $7,300. It does not appear that there is a big issue with the final gross amount of $7,300. The customer was very hands-on with comments and demands throughout the project work. The critical item was that he filled the pool with water before we arrived and wanted us to put plastic (i.e. visqueen) over the entire pool and down between the future concrete edge and the side of the pool in order to prevent splatter from getting in the pool water. I told him that the plastic would prevent a good concrete finished edge up against the pool side and that he would need to cut the plastic away after the concrete dried which may leave some plastic showing. He said "do the best that you can" but insisted on his process. I told him that the normal practice is to do the work without water in the pool and have a solid edge between the poolside and the concrete in order to get a good finished edge. His dispute is with the quality of the finished edge but I am not asking for advice on resolving that issue. My question is with Accord and Satisfaction. My final invoice (invoice #1722 dated 10/4/22 for work that was completed on 9/23/22) for $7,300 is itemized as $5,600 for the concrete work and $1,700 for the backfill but it is all on one invoice (i.e. not separate invoices for the backfill and concrete work). I have had several discussions with the customer regarding the quality dispute and he refuses to let me on the property to assess and remediate. There is no dispute on the quality of the gravel backfill portion of the job. I finally offered a $500 goodwill credit to resolve the issue if he pays $6,800 which is did not accept. He verbally offered $5,900 as payment in full which I declined. He then sent me a letter in the general format of an invoice and labelled it "corrected invoice #1722". His corrected invoice is organized in two parts ($2,108 for the gravel and backfill and a $5,000 gross amount for the concrete). I have no idea how he came up with $5,000 as the gross amount for the concrete work when my invoice (and initial written estimate) shows $5,600. I also do not know how he comes up with $2,108 for the backfill when my invoice shows $1,700. In short, his gross amount of $5,000 + $2,108 = $7,108 as compared to my invoice of $7,300. I would have been fine with this difference but he then deducts $839.15 from the $5,000 to arrive at an amount of $4,160.85 for the concrete work. He issued two checks (one for $2,108 for the backfill and one for $4,160.85 for the concrete). The check memos say "concrete" on the $4,160.85 check and "backfill" on the $2,108 check. The checks do not say "paid in full" but his letter/corrected invoice, as well our discussion, leads me to reasonably assume that he intends the payments to be considered "payment in full". My understanding of Ohio Revised Code 1303.40 is that if I cash the checks, it will be considered payment in full under Accord and Satisfaction doctrine. My questions are 1) I assume that I should not cash the concrete check as it will likely be interpreted as payment in full. 2) Can I cash the backfill check which exceeds the backfill portion of the invoice and preserve my rights to collect the full amount on the concrete work? 3) If so, should I refund the overpayment of $408 on the backfill or just treat it as a deposit or partial payment on his account? 4) If I treat the $408 as a deposit, should notify him and, in that notification, should I state that I reject his concrete adjustments and request that he acknowledge that I am cashing the $4,160.85 check as partial payment of the concrete portion of the invoice. 5) If I proceed as stated in #3, and the customer accepts, can I cash the $4,160.85 check. 6) Do you have any other advice. Hopefully this has been entertaining to read and potentially be an example for your future blogs or customers. Please send response to denniswiser86@yahoo.com...Read More
We are a manufacturer of industrial and commercial lighting in California. We sold to a distributor who intern sold and worked with an electrical contractor for a project for a city in Wisconsin. The contactor has several claims for issues for which they are blaming on us. In our opinion these claims are groundless. Thus, the electrical contractor is withholding money from the distributor (our customer) and our customer cannot pay us. Our invoice date is 11/17/2021. Question is regarding our rights to file a lien to get payment and how to go about doing this....Read More
Our company has worked with one GC on two different projects. One project was an outdoor project in which the GC demanded that we use a material that we knew was unsuitable for outdoor use and advised them against it because we knew there would be future issues. We have gone back on 3 occasions to fix this project but still, more work is needed long-term due to their misstep. We simultaneously completed a second project with the same GC, to the homeowner's satisfaction and now the GC is withholding payment for the completed job until we repair the other project. We have assured the GC that we would happily assist with the other project once we receive payment for the job we completed but they are still refusing to pay us. Do we have any recourse in the situation? Please note that a preliminary notice was not sent. ...Read More
We are filing a Small Claims lawsuit against a non paying customer here in CT. I wanted to get clarification on where the filing needs to occur. CT guidelines are: "If the plaintiff is a person and not a business and the case does not involve a landlord-tenant matter, the place where the hearing (trial) will take place (venue), if a hearing is necessary, will be a court in one of the following places: (1) where you live; (2) where the party you are suing (the defendant) lives or does business; or (3) where the thing or injury you are suing about took place. If the claim is a landlord-tenant matter, the trial will be in the court location where the house or apartment (premises) is located." Can we file in the jurisdiction where we live, or must we file where the defendant lives which is also where the project was completed?
Thank you....Read More
I did a job for a General contractor it was two buildouts, this company is slow to pay I’m told. Invoice was sent 1/24/22 I have sent numerous emails and reminders, no response. What should my next step be, and should I wait until it’s been longer? Thank you ...Read More
I subcontracted work for another company from February 2023 till April 2023. The work was performed at Enterprise Products Mont Belvieu, TX.
The work performed was Non-Destructive Testing on equipment. I received partial payment when my company submitted invoices to them as this company factored their invoices to pay their vendors, employees etc. I have not received the remaining balance amount for all my company invoices that was submitted to them from February 2023 till April 2023. I did not send out any notice letters to them as its been over 3 months now since February 2023.
How can I move forward with putting a lien on this compony for non payment?
If you can get back with me on my options moving forward I will greatly appreciate it Thank You!
Jacob Garza / Owner
Cell # 832-863-7395
jgarza@efficientinspectionservices.com
...Read More
Hello, I work for Detroit Wallpaper Co. We produce and sell custom wallpaper products. We worked with a design firm about a year ago and have still not been paid in full for our products. Is there anything I can do to get our money? We are owed just over $4,000. ...Read More
I am a GC and have been storing personal belongings for a customer for 2 years. They have not paid past due invoices. Can I discard those items and file a mechanics lien on the property since I am still doing work related to that customer, the work being discarding those items?...Read More
We live in a state where the intent to foreclose is not required but we want to send one anyway to the non-paying customer as well as their current lien holders in hopes them realizing that we are going to foreclose if payment is not made. We have filed a legitimate mechanics lien with the county clerk and it is in force currently.
1. Do we need to send the document to each owner listed on the property? Does it matter if the owner's listed are married or not?
2. If they have more than one mortgage should we send it to all mortgage companies?
...Read More
We sold a load of Plywood to Selected Furniture LLC in Knox, Indiana (invoice date: 8-5-2021). They made some partial payments, but stopped after the last payment on 11/07/2022 ($1,000). The remaining balance is $9,372.39. Silvaris Corporation pursued collections through small claims court in Starke County for $6,000 (small claims limit when filing without legal representation). We received a summary judgment ($6,125 with court costs) which has been signed by the judge. Would a lien be an appropriate next step to pressure the debtor for payment or is there another avenue you would suggest? ...Read More
Hello, I had over 3k worth of fraud on my account with chase bank so I withdrew all my money from that bank while they were investigating it, they gave me credit back but later withdrew it all and my bank went negative the amount they owed me. I called them and they said I had to make a police report but sadly all this happened right as I was moving to Mexico so I couldn’t go make the police report in person. 3 years later I moved back to Californian and called to have it resolved to see if I still needed to have a police respite filled and they said there is nothing they can do and the money went to collection, can I take them to small claims court to get my money back? I didn’t make the charges, it’s my money they owe me and it’s affecting my credit now....Read More
We have two projects from the same company and need to enforce collection activity. The project started before we had this service so we have nothing set in motion to enforce a Mechanics lien. What are our other options?...Read More