Can I confiscate my signs

[john1]

I don't know the answer to your question but you shouldn't bid low to get work. That defaces the industry. You could have bid normal and still gotten the job and been paid more.

 

[macmedia]

Wait 30 days and go back in the middle of the night and take a chance and remove the signs that constitute 30% of the work.

He'll be calling you again.


(note: it's not legal advice but that is what I would do).

 

[TammieH]

Yeah, like some have said, Do NOT remove the signs, you must go through the courts at this point.

 

[J Hill Designs]

take em back to the shops for 'safety reasons'

you know, the fasteners used weren't rated exterior etc

 

[JR-Folientechnik]

We put in our contracts the signs remain our property until 100% payment. The issue is not the 30% the issue is you did your job good, on time , and now it's time to pay! Taking them back will only cost you time and money and nerves! (He knows that!) None payment will effect his warranty...and good name....

 

[jeffblair5]

When you installed the signs they became part of the apartment complex's property. Taking them down now could possibly open the door for criminal charges AGAINST YOU for theft. Stay on him, but give him some time to pay. If he doesn't pay in 30 or 60 days you'll have to file against him in small claims court.

 

[binki]

For this type of work in the PRC you need a contractors license. Not only can he get all of his money back, I doubt that you can even sue him for the balance.

 

[trik]

Do your best to wait it out at this point.

On the contractors note, I have first hand experience in Cali. Anything of this type over $500 and that would be materials and labor combined requires a Contractors License. here's something I learned straight from the Contractors State License Board:

Customer calls and says I need some 3-d lettering on my building can you come take a look? You go out measure, show him your Gemini catalog and he picks an easy font, you go back to the shop wright up an estimate and send it to him, lets say it is for $1400, technically that is illegal according to the law, even though you did no work.

I asked how is that possible, their reply was, just how they have been busting all these people doing home repair with no license. If you get called to instal new cabinets, go out and take measurements and provide them an estimate, as an unlicensed contractor you get arrested.

Now here's the kicker, let's say the same guy calls you and says hey I need some 3-d lettering, 24" tall, and it is 20 letters, and you give him that same $1400 dollar quote over the phone, you are fine, as you did not go out and take measurements?????

Ok, for the install part, Rick was correct on his earlier statements. If you quote the install and he pays you directly for the install, and then you pay another contractor to actually do the install, that is sub contracting without a contractors license and is illegal.

The only way to do it correctly would be to have the customer pay the actual installer directly.

Lot's of BS I know, but it is the law. I question the State hard about it, but it is written that way. And yes I do have my Contractors License, and recommend getting it if you plan to do these type of jobs.

Good luck!

 

[Craig Sjoquist]

Put in your contracts ..that you own the signs and can be removed for safety reasons till fully paid for.

 

[btropical.com]

Post his credit card on the nigerian craigslist walk away

 

[TheSnowman]

Man, I have to wait 90 days with some annoying customers and it's just "business as usual" for them. I'd say you've got a lot of waiting to do yet before taking it to small claims. Yea, he was supposed to have it already, but I'd think 30-45 days is almost standard if it's a bigger company that has a decent sized accounting dept.

 

[Techman]

I just repo'd a 4x8.

I went to his office and said I need to get paid..
He said to wait 4 more weeks. I told him I was goona take the signs for 4 weeks until he could pay it. Then got him to sign a release stating such. He signed it. I got my panel.
No problems..

 

[TyrantDesigner]

For the work you did, you need a contractors license. You are doing work illegally.

If you continue to do this type of work, have the client install or GET A CONTRACTORS LICENSE!

Must be different here in texas, and in florida since all you need to do is classify yourself as a general handyman or work for hire in your dba and you are fine as long as what you are doing does not require pulling permits or following city/county guidelines. ... generally anything you can do off of a ladder falls into this.

Now electrical is different, I know even with a contractors liscense I can't even replace the plexi on an extruded frame if it has power running to it.

Work he described ... not illegal unless he starts putting signs in areas above 10 feet which then ussually requires permits and the such and then you need to have a contractors liscense for that. screwing in a few banners, some metal signs (about 5' height for parking) and some mdo (probably with tapcons or something else flush mount) ... yeah, that can easily fall under general labor.

Have run into a few places requiring insured laborers ... but I think that is to weed out the fly by night guys.

as for original question ... keep on him, and let him know, that you will keep calling until he pays the 30% owed ... repoing the signs will land you in jail ... or forfeiting the 70%.

 

[Rick]

Work he described ... not illegal unless he starts putting signs in areas above 10 feet which then ussually requires permits and the such and then you need to have a contractors liscense for that. screwing in a few banners, some metal signs (about 5' height for parking) and some mdo (probably with tapcons or something else flush mount) ... yeah, that can easily fall under general labor.

In California, any work over 500 bucks where he installs the signs requires a contractors license whether it's electrical or not or whether a permit is pulled or not. Even banners require a permit in most cities around here. If he built the signs and they were dropped off for the owner to put up then that is not an issue, the flags are not the issue either.

"Usually" parking signs, temp signs, and aluminum panels do not require a permit. ID signs, directionals and wall id's usually require one no matter how high or big they are.

I have probably designed over 100 complete apartment complexes and a few dozen smaller ones. For larger company's, they always have me require the sign company to be licensed contractors in the bid documents. (either the C45 electrical or D42 non-electrical) and in other states, require the contractor to have the necessary paperwork. I have seen small property owners stick a sign shop without a license.

On another post, he said he used a "licensed installer". I know a few sign company's who do this, but when the customer does not pay, the subbed out contractor can not take action against the client because he does not hold the original contract. The sign company usually can not go after them because they do not have a license.

In the situation where this was a 100% legitimate job. he would file a lien against the property owner, take him to small claims, and then be done with it. He/she would have known this because it is on the test when you take your contractor's license exam.

As far as this being fair... I have personal feelings about this. But when you are contracting work, you should always try to work within the law. If you take the risk of going around the law, you probably need to take the responsibility for it when it goes bad. 600 bucks is a nice chunk of change and I would keep on him, but before going to court, consult with a contractor lawyer. Then make a policy, or get a license or take the risk (I don't advise doing this)

 

[ova]

I had an order last week to do apartment signs. Flags, Aluminum, and MDO. I did the order with a 70% down, and I bid it very low do to the slowness. I told them that the balance was due at time of install. I installed the signs, the owner said he would meet us there with a check (i have his cc on file from the down). The signs are in. The onsite manager loved them, and signed off on the order. The owner is dodging me, not paying the balance. Can I run the card on file without him saying to (i know i can't), can i go take down my signs? Or do i have to go to court? I am in California. I know I should have waited for him before we installed, but we were in a crunch.

I say go get your signs.











Let us know how it turned out?

Dave

 

[Robert M]

Run it

Run his card for the money he owes you. He can complain to his credit card company and they will come to you to explain why you ran his card. if you have all the paperwork in order the credit card company may side with you. worst case is they charge you a 25.00 charge back fee, and then you take back your signs.

 

[96XP]

I bought the DVD set from jurisdictionary.com
Do nothing without a contract.

 

[Sign-Man Signs]

You can NEVER, EVER go wrong with pre-pay. These days it's a must. Lesson learned. You can threaten him with a lean whether you do it or not. I went to pre-pay 2 years ago. Never looked back.