Maker Pro
Maker Pro

To the friendly folks at BOINKS

I

I brive a dus

Jan 1, 1970
0
Since you're visiting this group with great frequency please allow me
to inform you that the reason we terminated your relationship with our
company some 18 months ago is because you refused to pay for service
calls, charged us back on accounts you never purchased, placed
customers on accounts not owned by you into collections, and stiffed
us on installations we completed for your national accounts.
In total we estimate you neglected to pay us in excess of $100,000.00.
With the Boinks policy being such as to file lawsuits against
companies that allegedly caused you financial harm we find it only
fitting that we follow your example and file suit against you.
Since the stipulations in your dealer agreement only pertain to
dealers we felt it best suited us to bring this action against your
company in a jurisdiction local to us, rather than your request that
actions be taken in Irving, TX.
Now we can appreciate the concern you might have over litigation
taking place in our backyard, in front of a local jury, and decisions
made by local judges, but let us assure you that we would never use
that to our benefit like you would do if this took place in Irving.
We have also come to the decision that it is only fair to keep the
local newspapers and broadcast news stations apprised of the
situation, so immediately following the filing of our suit we will
offer a press release stating our actions, and what brought us to file
suit.
Furthermore, since the equipment used for said service calls, and
national installations was purchased by our company, it remains our
property and we will be placing liens on those accounts until such
time as we have been reimbursed our expenses.
So please pass this on to your legal department, and have them take a
gander at what awaits, but then again they are probably too busy
picking fights with tiny alarm company owners that offer downloading
services and technical manuals.
 
R

RockyTSquirrel

Jan 1, 1970
0
A-man brother
jerk his short and curly's
RTS
 
B

Bob La Londe

Jan 1, 1970
0
Roland Moore said:
Not that
you'd want any new business with idiots like this, but when you get into
big
projects, sometimes you end up in a shotgun wedding with these guys.


I quit working for general contractors last year. I almost got roped into a
project recently. I was told by the developer I would be working directly
for him, and then at the first contractor's meeting with the general in
charge of the project I was told the general would control all the purse
strings, and authorize all payments. Add on huge liquidated damages, the
fact that this contractor has put atleast a couple good quality specialties
out of business in the past, and I was very skeptical. When the main dude
for the general at the first specialty orientation meeting then proceeded to
proudly tell a room full of specialty contractors that the job of a general
contractor was to take the low bidder and make them perform like the high
bidder I walked out.

It would have the biggest job I've ever done.

I learned my lesson. Doesn't matter how profitable a job is if the general
can screw you out of the profits, and even take away your ability to pay
expenses.
 
I

I brive a dus

Jan 1, 1970
0
Big companies like that will simply blame this all on some paperwork error
on your part. Most insist on pointing to some obscure (very recent) "policy
change" that YOU didn't comply with in your billing paperwork you submitted
to them. I really hate new construction jobs where you think you're dealing
with the end user (and you are actually) but all the paperwork for payment
gets submitted to the (some big regional or national) general contractor for
payment. Sometime it takes up to 2.5 years (the record for us so far) to get
the paperwork just right so you can get paid. How many vendors just give up
(or go out of business) before that? Plenty I bet. It is just another way to
generate a profit for the big boys. As for any attorneys being upset by you
bringing a case against them, I think not. It is just a another pay day for
them. As for "BOINKS" as well as the other biggies, once you file a suit
them both sides try to settle for pennies on the dollar and you probably
won't get any more work from that general contractor (or "BOINKS"). Not that
you'd want any new business with idiots like this, but when you get into big
projects, sometimes you end up in a shotgun wedding with these guys.

Big companies can pass blame anyway they wish but it doesn't change
the laws of the land, and their excuses hold no water in this neck of
the woods.
Our attorneys are supremely confident that the outcome will not be one
that Boinks will enjoy.
 
B

Bob La Londe

Jan 1, 1970
0
I brive a dus said:
Big companies can pass blame anyway they wish but it doesn't change
the laws of the land, and their excuses hold no water in this neck of
the woods.
Our attorneys are supremely confident that the outcome will not be one
that Boinks will enjoy.

Now they are going to really need to collect from "that other guy" so they
can afford to pay you. I hear he has been strock piling coconuts in the
unlikely event that he actually has to pay them.
 
A

alarman

Jan 1, 1970
0
Bob said:
I quit working for general contractors last year. I almost got roped
into a project recently. I was told by the developer I would be
working directly for him, and then at the first contractor's meeting
with the general in charge of the project I was told the general
would control all the purse strings, and authorize all payments. Add
on huge liquidated damages, the fact that this contractor has put
atleast a couple good quality specialties out of business in the
past, and I was very skeptical. When the main dude for the general
at the first specialty orientation meeting then proceeded to proudly
tell a room full of specialty contractors that the job of a general
contractor was to take the low bidder and make them perform like the
high bidder I walked out.
It would have the biggest job I've ever done.

I learned my lesson. Doesn't matter how profitable a job is if the
general can screw you out of the profits, and even take away your
ability to pay expenses.

Yeah, I like to be in the position to tell builders to piss off when they
pull their crap. I contract with the homeowner, period. Don't like that?
Call AD friggin T.
 
F

Frank Olson

Jan 1, 1970
0
Bob said:
Now they are going to really need to collect from "that other guy" so they
can afford to pay you. I hear he has been strock piling coconuts in the
unlikely event that he actually has to pay them.

I'm actually quite surprised Jim R. hasn't related the "collection
efforts" Brinks has been making to the group. Hey Jim... Give us the
"poop".
 
I

I brive a dus

Jan 1, 1970
0
I'm actually quite surprised Jim R. hasn't related the "collection
efforts" Brinks has been making to the group. Hey Jim... Give us the
"poop". <

You've had more than your fair share of poop, Frank, to the point
where you're now full of it :)
 
R

RockyTSquirrel

Jan 1, 1970
0
The few GC i've done work for i make em sign a subcontractors agreement that
we get paid each Friday after a billing. Or we walk off the job, till paid.
Some of em bitch but the honest GC's never complain..
those that did and talked of lawsuit I just waved the contract under their
nose and told em we'd report the matter to the states atty general.
We don't do many GC's but those we do, refer us to others regulary.
RTS
 
J

Jim

Jan 1, 1970
0
I quit working for general contractors last year. �I almost got roped into a
project recently. �I was told by the developer I would be working directly
for him, and then at the first contractor's meeting with the general in
charge of the project I was told the general would control all the purse
strings, and authorize all payments. �Add on huge liquidated damages, the
fact that this contractor has put atleast a couple good quality specialties
out of business in the past, and I was very skeptical. �When the main dude
for the general at the first specialty orientation meeting then proceeded to
proudly tell a room full of specialty contractors that the job of a general
contractor was to take the low bidder and make them perform like the high
bidder I walked out.

It would have the biggest job I've ever done.

I learned my lesson. �Doesn't matter how profitable a job is if the general
can screw you out of the profits, and even take away your ability to pay
expenses.

I haven't worked for a GC or a builder in years and wont ever again. I
had my fill of the lies and price "re-negotiations" after the work is
completed. That's the "trick" used around here. Towards the end of my
dealings I was no longer giving "builder discounts" I was getting 1/2
of the entire job up front for the prewire. Half of the balance upon
start up of the final. And even then got screwed out of the last
payment (although I'd already been paid for the job, out of the
previous payments.) It's not that I wasn't making the money it's just
that I don't want the hassel of wondering where I'm going to be
screwed next, waiting forever to get paid, when I can deal directly
with the homeowner who pays up front. Looking back I can't even think
of why I thought that doing business with builders and GC's was even
inviting. Something about the possibility of growing the company
faster or something, I guess. It's for the big companys, in my
opinion. It's seems that it's just a rule of thumb for the builders.
Get the little guys involved and promise them the world, then screw
them because they're too small and don't have the resouces to persue
you for compensation.
 
B

Bob Worthy

Jan 1, 1970
0
"Jim" wrote in message:
Get the little guys involved and promise them the >world, then screw
them because they're too small and don't have >the resouces to persue
you for compensation.

I watched Toll Brothers, a large multi-state builder, sink three small alarm
dealers on the same developement. The forth, a larger company finally
finished it. Promises of grandeur, which doesn't pay the bills, gets them
everytime. I fell for it when I was young and luckily I survived those hard
knocks.
 
J

Jim Rojas

Jan 1, 1970
0
I use to submit backdated invoices for exactly that same reason. And for
the most part, it worked like a charm.

Before Rollins sold out to ADT, I had 5+ years of outstanding invoices
with Rollins. It turned out that Rollins corporate had no idea their
branch manager was hiring subcontractors to get large commercial jobs
done on time. So when I finally had to go to arbitration to settle the
past due invoices, I brought along paid invoices with the Rollins check
stubs neatly attached to each paid invoice...Well it turned out the
branch manager had a secret fund he used to push the invoices through
locally...The ADT attorneys looked at my paid invoices and asked for
copies. 5 minutes later their attorneys said I would get full payment
plus 40 percent extra for the 5+ year delay...boy that was a nice payday
when it finally arrived. The extra 40 percent more than covered my
attorney cost.

Jim Rojas
 
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