OK....the missus and I are in a disagreement over how I handled an issue. I told her I'd check with some good friends and get their take on it. If you guys tell me I'm wrong, I'll try to go back and fix it. Here's the story:
When we had the house fire, our restoration company subcontracted out the disposal of garbage. The company was responsible for setting a big dumpster that would get filled as they were tearing out our house, etc. They were also responsible for picking it up when full and leaving another empty one. In the course of doing this, one of the drivers decided that my front yard must be the driveway (even though my driveway is blacktop and my yard is grass). Anyways, it was right after about 24" of snow had thawed in a one day's period. Needless to say, the yard was extremely wet. Anyhow, the driver with dumpster gets stuck in my yard and has to be towed out. It leaves huge ruts (about 3 feet deep) all throughout my front yard. Now, I take pride in keeping my lawn looking nice. Anyways, they said they would fix it (This was after I presented them with a quote from a lawn maintenance company for $1900). So, I decided to let them fix it. At first, they just wanted to fill it in and plant seed. I calmly told them that I had grass there when they drove on it and I want grass put in. They then agreed to do sod work. I was told that it would be done by the middle of April. That never happened. Then I was told they couldn't get sod until May 1st, however, they would get the sod on May 1 and I would be first on the list to have it installed. The 1st of May came and went; they never showed or called. So, I checked with my restoration company and was told they would be here by Tuesday (yesterday) at the latest. Yesterday, came and went and they didn't show or call. So, I promptly called them after 5 pm (I figured that would be the end of their workday) and left a message on their answering machine that said they had missed 3 deadlines (that they imposed) and that as far as I was concerned, I would go and get the work done myself and then submit the bill to them. I also told them that if they should try to show up and fix the yard, I would remove them from my property.
My wife says I was a little hard on them and that I should have just waited for them to do the work.
The question is: Was I wrong in the way that I handled it? Was the missus correct? She's afraid that when I submit the bill, they will refuse to pay for the work and that I'd have to go to small claims to collect the money and that it would be a tossup on whether I would win or not. So, I decided to put it to a jury of my peers and have you give some thoughts.
Any Judge Judy's/Wapner's out there?
SD
Well, I'm not a lawyer and I did not stay at a Holiday Inn Express last night, but I would have handled it about the same as you have already done. Sometimes ya gotta grab the bull by the :o to get it's attention.
She may be right as far as them refusing to pay for work you had done and may have to try to collect in court. But as far as the way you handled it after them promising to be there three times and not showing up, I most likely would have done the same thing. I mean I can only take so much being lied to then I snap and start biting back. I may have even gone so far as to contact a lawyer to write them a little nasty letter to see if that would get some results.
Good luck with the dispute with the contractor and just tell the missus.... 'yes dear.... I think you may have been right.' Ladies do not read past this point.
(even though the man is ALWAYS right).... now onto the makeup $ex!' ;D ;D :D :D
Marc
First off I don't know all the facts so my opinion is just that but here are my thoughts.
I'm assuming your insurance company is paying the restoration company who in turn, subcontracted the garbage company. Ultimately, the garbage company should be held accountable for this, however the restoration company was/is being paid by the insurance company to do the work. My first thought is to contact your adjuster with your insurance company and have them withhold funds until such time as this is resolved. Here where I'm located, the insured (you in this case) has to sign off on a proof of loss prior to the contractor getting paid. This protects the insured, in addition to making sure the insured confirms the work was actually completed and completed satisfactorily.
I would first talk to your adjuster and see if they can withhold payment. I would also talk to the restoration company to explain your problem with the garbage company, which they hired. Once I had done that I would talk to the garbage company again and see how the issue can be resolved as soon as possible. Hopefully the restoration company can "lean" on them a bit as well.
Just my two cents....
Mike
I knew I was right ;D
I have a call into my adjuster as we speak Mike. They've been extremely slow in paying my claim, so maybe I can put a little teeth into that as well.
As far as the makeup $ex is concerned Pens, I'm always in makeup $sex mode.......she's got a lot to make up for. I didn't bargain that when I said "I do", she said, "You don't anymore" >:( :D
Mr. Walleye is spot on. Going through your insurance is probably the most likely method of getting action.
I know it is frustrating dealing with the idiots, but it can be even more frustrating going to court. Not sure about your state, but most have a 2 year statute of limitations to bring suit in the event nothing else works.
I like Mr Walleye's approach as well. The only other thing I would have done is contacted one of my lawyer relatives and ask them about the legal issues and if it is alright if I use their name when I contacted the company back to let them know that unless they fix the problem the next day, they would be hearing from my lawyer. Usually that gets their attention and more importantly, their action.
Mr Walleye seems right on for the best approach. Afraid you may have limited an option prohibiting them from doing it... It is disgusting isn't it... :-[
Yea, I know I kinda painted myself into a corner doing that, but I still have a card or two to play, I think. I'm gonna discuss this with a good friend who has dealt with this over the years. My next probable move is to contact the owner of the company and discuss the lack of customer service. As you all know, stuff runs downhill.
The sad part is that here I am, unemployed, willing to work my hind region off and you can't even get a person to make a phone call to tell me why they couldn't do something. I'm telling you.....the quality of service that comes out of a lot of companies today is sickening. It's still a huge reason why I will always stick with Bradley. Customer service is king in my book and when a company fails to provide that to the people that provide their wages, something's wrong.
Well, I ended up calling the owner of the company and told him that they had one more chance to do the right thing. I told him that I wanted to hear it from his mouth when they would have it done. Then I told him that I had documented our conversation and that if it wasn't done on the agreed upon date, I would have a company do the project and then submit the bill to him to pay.
You know, I wasn't even mad when it happened (people make mistakes all the time; who am I to not understand that? :o). I told him I was irritated by the lack of communication when the job wasn't done on the timeframe they gave and the broken promises from his employees. Just goes to show that a little communication goes a long way. If they had ever communicated, it wouldn't have come to this. We'll see if they are able to keep their word this time.
Effective communication is normally the key to resolving issues. The trick is in finding someone who cares and has enough brains to comprehend. Let us know how it goes. ;)
Quote from: Wildcat on May 18, 2008, 04:57:35 AM
Effective communication is normally the key to resolving issues. The trick is in finding someone who cares and has enough brains to comprehend. Let us know how it goes. ;)
Absolutely correct WildCat!
Marc, good on you too! Someone has to step forward in situations like this in order for a resolution to take place and you did. Your the bigger man for it! ;)
Good job
Mike
Well done SDuck!! :) Let us now how it comes out!!
I think your handling of the situation is the correct approach. I do think that you paying for it and billing them should be the last, last resort. Once you pay it I would be afraid you would have a hard time getting your money back. The insurance angel is a good one as well.
Quote from: La Quinta on May 18, 2008, 12:51:16 PM
Well done SDuck!! :) Let us now how it comes out!!
I have a great mentor, LQ ;) ;D
Glad I could help SDuck...the last thing a company needs/wants to hear is the infamous quote..."Oh yeah...well I got this lawyer aquaintance downtown see..." :) Communication solves everything...(most of the time!!) You know where to find me SDuck if you need a hammer!! :)
Thanks for the compliment too...:)
You are the wind beneath my wings (said in my very best Bette Midler voice).......... ;D
Yeah...I hear it...like a giggling girl!!! (Sorry SDuck...I had too) :)
Quote from: La Quinta on May 18, 2008, 07:25:36 PM
Yeah...I hear it...like a giggling girl!!! (Sorry SDuck...I had too) :)
:D :D :D ;D
I'm still laughing at that one!
Mike
Quote from: Mr Walleye on May 18, 2008, 09:02:13 PM
Quote from: La Quinta on May 18, 2008, 07:25:36 PM
Yeah...I hear it...like a giggling girl!!! (Sorry SDuck...I had too) :)
:D :D :D ;D
I'm still laughing at that one!
Mike
Quit laughing, Mike, or I spread a nasty rumor that you photoshopped your picture in with that huge walleye ;D ;D ;D ;D
:o ;D ;D ;D ;D ;D ;D
Mike
UPDATE:
They are putting the new sod in as I type this. Thanks all, especially Johnny (LQ) Cochran! ;D
SD
Did they fill the ruts or are they just making them green?
:D :D :D :D :D :D :D
Both....I don't think they'd have liked it if they screwed it up and I'd sent out my personal bodyguard ;D
Congrats SD. Glad to see us little home owners win one. ;D
It does happen...for the good people Ice...:)
Now I know how David felt when he slay the mighty Goliath! ;D ;D ;D
No more Mr. Nice Guy!
Awww, shucks, I have a hard time trying to be a mean guy ;)
I got a bag o' rocks for you and the Mrs and the Ducklings right behind ya SD...just make sure they do it right SD...AND DON'T GET PISSY...:) Remember...honey vs vinegar...works every time...:) especially with the guys laying the sod...
Quote from: iceman on May 22, 2008, 02:16:35 PM
Congrats SD. Glad to see us little home owners win one. ;D
In fact, Ice, I'm coming out way ahead. I've been keeping the guy who's putting in the sod refreshed and hydrated while he's working. I was then able to get the ten extra rolls of sod left over to fix an area that got torn up when I had to have a new well dug last fall. So, the moral of that story is: You may draw some flies with vinegar, but you get them to stay by applying honey. Then, when they've gorged themselves on the honey, they're much easier to swat. ;D :D ;)
NO SWATTING...you may want to call them again...geezzz...SD...you need a lot of work...
Quote from: La Quinta on May 22, 2008, 02:28:05 PM
I got a bag o' rocks for you and the Mrs and the Ducklings right behind ya SD...just make sure they do it right SD...AND DON'T GET PISSY...:) Remember...honey vs vinegar...works every time...:) especially with the guys laying the sod...
Sometimes, a guy just has to get pissy. Now, my next problem is getting the restoration company to come and replace my kitchen sink. Seems like when they were painting and doing the drywall, the painters and mudders decided that my kitchen sink was as good a place as any to clean their brushes and mudding tools. Well, it stained the bejeebers out of a sink that was 6 months old as well as clogging up the baskets with the mud. I'm not that concerned about the paint as far as the septic tank is concerned but the mud scares me a little. Anyways, the restoration guy knew about this 2 months ago. He stopped over a month ago to take a look at it and agreed it needed fixed. You think he's been back to fix it yet? Nope. So, I text messaged him today to let him know that I was still waiting for it to be done (it's the only thing left to do with the house) and he gets pissy with me saying that he'd get around to it when he got around to it because it was only a looks thing; not affecting the functionality of the sink. Well, that didn't set well with me and I KINDLY reminded him that this wouldn't be an issue at all if his workers hadn't used my kitchen sink as a paint and mud pail. I also reminded him that I hadn't as of yet filled out the customer satisfaction survey (with a return address label that is addressed to the owner) and I'd like to get it turned in as quickly as possible. Was that done nicely LQ?
Quote from: La Quinta on May 22, 2008, 02:32:47 PM
NO SWATTING...you may want to call them again...geezzz...SD...you need a lot of work...
The guy putting in the sod is an employee of the recycling company....I sure as heckfire ain't gonna use them again. But, you're right. I wouldn't swat him anyways (he didn't do anything wrong; he's fixing someone elses mistake).
BUT, when do I get to SWAT someone or something???? ;D
SD...did your insurance guy get back to you?
In the words of Mr. Myagi in the Karate Kid: Not yet.
Call his boss...find out who it is...remember...barks and bites...
I bark.....you bite ;D
We're kinda like Forrest Gump and Jenny.....Peas and Carrots........ (only I really hope you don't get her sickness) ;D
Yeah me either Forrest...but...you have bigger crawfish to fry...listen...get me your agents number...if you have a problem with your septic tank down the road...you may be a giggling school girl today cause your lawn is "fixed" but the septic is a bigger problem...and hell a good cast iron sink is about $200 bucks...(over mounts are less...) BUT...that not being the point...
Let me give him one more try.......he's been pretty good to me so far. He may actually be on vacation right now. The insurance company has been the only one's that have been a pleasure to deal with. The rest of them should have to spend 2 years naked on the Bering Sea. That's be a Dangerous Catch. But, I will call you to get your take on what I should say to him.
okee dokee...don't wait...still a school day tomorrow...