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Old 08-17-2021, 03:00 PM
 
71 posts, read 109,702 times
Reputation: 49

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We live in Port Charlotte and recently hired a company to replace/repair our roof. The job they did was not very good, it leaked requiring them to return but it still leaks and now they have not even returned the call. One of us is a senior citizen.
At what point are we within our rights to put stop payment on the check, hire someone to fix it , complain to the government ( ? ) Please offer your advice on this, it has us a little frazzled as soon the rain season will come to an end and if this roof is not repair correctly then we don't be able to show the water running down the walls if we need to, in the dry season.
What say you?
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Old 08-17-2021, 03:06 PM
 
Location: Punta Gorda
2,609 posts, read 2,826,656 times
Reputation: 763
I would think it would be too late for a stop payment, checks usually clear in 1-2 business days, but if they have not cashed the check, do it immediately. I would start with your local building department, the DBPR and BBB “IF” they have done as you say. If they do come back and make repairs I would have it inspected by a 3rd party to ensure your satisfaction.
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Old 08-17-2021, 03:30 PM
 
71 posts, read 109,702 times
Reputation: 49
Thank you, but do I first need to make my complaint via certified mail and then hope to still be able to put stop payment ? A neighbor told me they could claim we defauded THEM if we put stop payment on it first without having something in writing as a letter of complaint?
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Old 08-17-2021, 09:00 PM
 
71 posts, read 109,702 times
Reputation: 49
Will send this contractor email and certified mail tomorrow morning and put stop payment if able to do so and if not able to do then I assume there's a government office that's supposed to help protect us from contractor rip offs?
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Old 08-23-2021, 05:06 PM
 
Location: Punta Gorda
2,609 posts, read 2,826,656 times
Reputation: 763
If the work is as bad as you say and they gave not returned calls or rectified the situation you have every right to stop payment but I’m guessing it is too late at this point.
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Old 08-28-2021, 05:52 AM
 
3,933 posts, read 2,198,142 times
Reputation: 9996
Quote:
Originally Posted by DOOWOP2020 View Post
Will send this contractor email and certified mail tomorrow morning and put stop payment if able to do so and if not able to do then I assume there's a government office that's supposed to help protect us from contractor rip offs?
If they don’t return your calls- it means that they cleared your check already- don’t keep your hopes high.
Do they have a contractor’s license? Do they have their office address?

Contact your town building inspector- though not sure how lax Fl towns are regarding inspections.

You may complain in writing- with all the documents/photos, copies of texts, etc -evidence- to a license board of the State.
You could complain to an Attorney general- about them violating your contract with them.
You could take them to small claims court- if they don’t show up- you may win by default- the limit of judgement in a small claims court in Fl- $8000.
https://help.flcourts.org/Other-Resources/Small-Claims
However, getting a judgement does not mean you could collect- if they do cash business, etc.

In theory- if you are able to stop the check and hire another company- make sure everything is in writing- you could deduct the amount you paid to others to fix the problem from the original contract with the first company.
They may or may not take you to court. So keep all agreements, receipts with the 2 company- In writing and make sure the 2 company is a licensed contractor
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Old 08-28-2021, 07:32 AM
 
Location: USA
9,145 posts, read 6,202,297 times
Reputation: 30071
Get a printout of your telephone calls from the phone company. That will prove the dates and times you called the company to report your dissatisfaction. Otherwise they can claim you never called them.

If you texted them, archive your texts to provide proof of conversation and content.
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Old 08-31-2021, 06:05 AM
 
118 posts, read 96,761 times
Reputation: 101
Quote:
Originally Posted by DOOWOP2020 View Post
We live in Port Charlotte and recently hired a company to replace/repair our roof. The job they did was not very good, it leaked requiring them to return but it still leaks and now they have not even returned the call. One of us is a senior citizen.
At what point are we within our rights to put stop payment on the check, hire someone to fix it , complain to the government ( ? ) Please offer your advice on this, it has us a little frazzled as soon the rain season will come to an end and if this roof is not repair correctly then we don't be able to show the water running down the walls if we need to, in the dry season.
What say you?
Watch out! if you don't give the contractor ample and fair opportunity to cure the problem, they WILL sue you for non-payment.


Certified US Mail - complaint, ask for resolution by a date certain (be fair)


Stopping payment on checks can be a very bad thing...that's what law school/grad school taught me.
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Old 08-31-2021, 06:15 AM
 
Location: Boston
20,115 posts, read 9,032,117 times
Reputation: 18777
these people are long gone, business is out of business, they'll re-appear 50 miles away with a new business name. Nothing is ever really done about these people. You need to use people who have been in business 20 years.
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Old 08-31-2021, 07:22 AM
 
10,864 posts, read 6,490,397 times
Reputation: 7959
can you take them to small claims court?
if they dont show up,you win,but court does not help you to collect damage,
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