Need to send a mock warning

[Frenchie]

My contractor who is licensed refuses to repair a job he did for me
this past August. By refusing, I mean he keeps putting it off to
taking care of it. This has gone for a month now. I know I can go to
small claims court, but I want to give him a mock warning first, as if
it came from a lawyer..which in turn will make it known that i am not
kidding..and he would show up. The problem is that i do not know how
to go about it.

[Seth]

Post by Frenchie
My contractor who is licensed refuses to repair a job he did for me
this past August. By refusing, I mean he keeps putting it off to
taking care of it. This has gone for a month now. I know I can go to
small claims court, but I want to give him a mock warning first, as if
it came from a lawyer..which in turn will make it known that i am not
kidding..and he would show up. The problem is that i do not know how
to go about it.

If you don't hire a lawyer, then you won't get a letter from a lawyer.

Why don't you call the licensing agency and ask them how to file a
complaint? Then you could tell the contractor you'll do that if he
doesn't repair the job on schedule.

Pretending to be a lawyer will only prove to him that you're faking
and he'll care even less about you.

Seth

[McGyver]

Post by Frenchie
My contractor who is licensed refuses to repair a job he did for me
this past August. By refusing, I mean he keeps putting it off to
taking care of it. This has gone for a month now. I know I can go to
small claims court, but I want to give him a mock warning first, as if
it came from a lawyer..which in turn will make it known that i am not
kidding..and he would show up. The problem is that i do not know how
to go about it.

I can't tell you how to do what you want to do because what you want to
do is a crime (fraud). Telling you how to do it would be a crime by
me.

Here's a better plan.

1. Send the contractor a letter cancelling the contract because of his
breach. Specify the reason briefly. Don't mention money. Keep the
letter short, polite and businesslike. Use Certifed Mail, Return
Receipt Requested. Keep a copy of your letter, the postage payment
receipt and the return receipt.

1. If your original contract is in writing and gives the contractor a
period of days to cure any default, Send the contractor a letter
specifying the default and stating that the contractor has the right to
cure the breach within x days. State that if the breach is not cured
on time, a replacement contractor will be selected to complete the job
at the first contractor's expense. Use Certifed Mail, Return Receipt
Requested. Keep a copy of your letter, the postage payment receipt and
the return receipt.

2. If the contractor does not do the repair during the cure period,
find a new contractor to finish the job. Make it clear that the new
contractor may be called to testify about the conditions before the
repair job and about the job and the cost. If a potential new
contractor doesn't like that idea, find another one.

3. Make sure the second contractor is properly licensed. Get a
written contract and a detailed invoice. Get these thing even if the
job is so small that the law does not require a written contract or a
licensed contractor.

4. When the job is done, pay the second contractor by check and get a
copy of the cancelled check.

5. Sue the first contractor in small claims court for the money you
spend on the second contractor. Win. Collect on the judgment.

6. Do not threaten to file a complaint with the contractors licensing
board unless the contractor does the repair. That would be a crime by
you (extortion). File the complaint if you want to, but don't threaten
to and don't say that you will refrain if job gets done. Don't mention
a complaint in any conversation or correspondence. Not even in
response to questions. If you even mention it, the contractor might
swear that you said much more and all of if will sound like extortion.
Always avoid becomming a defendant in a criminal trial.

This answer must not be relied on as legal advice for the reasons
posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your
attorney.

McGyver