Licensed builder replaces mother-in-law's roof without a written contract, and she fails to pay them the $18,800 they are rightfully owed: ‘She comes up with excuses and gives the runaround every time I talk to her about payment’

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  • a man standing on the roof of a house and repairing the roof
  • "I replaced my MIL's roof without contract and she stiffed me for $18,800."

    Location: Michigan, USA I know I'm an idiot for not having her sign a contract, I was way too relaxed about the situation.
  • I'm a licensed builder in MI, and I'm just starting my own business. A large hail storm came through the area and did damage to our entire town. My
    via Kevin_Elevin
  • mother in-law made an insurance claim for her roof, siding, garage door, and some windows. I wasn't worried about
    via Kevin_Elevin
  • getting paid for the work because I knew the insurance company approved the claim. She wasn't coming out of pocket for the money, so I
    via Kevin_Elevin
  • took the roof job to get it done for her. She has not hired out the siding or garage door work yet.
    via Kevin_Elevin
  • a hand holding multiple credit cards
  • The roof job is done and I'm personally out of pocket about $13,800 (most of which is on my credit cards). I completed.
    via Kevin_Elevin
  • the job on july 6th, and its now into September. She comes up with excuses and gives the runaround everytime I talk to her about payement. I dont
    via Kevin_Elevin
  • think im going to get paid and I don't know if I have any legal recourse available. I do have some text conversations saved,
    via Kevin_Elevin
  • and I have receipts for the materials and dumpster fees. I paid cash for my laborers. I don't want to ruin a family relationship, but I don't foot the bill for a new roof. Please help, lol. Thanks for any advice.
    via Kevin_Elevin
  • bug-hunter OP, I just want to make sure you see this: You cannot file for a mechanic's lien without a written contract. MCL 570.1114 (as u/bauhaus83i correctly noted). That doesn't mean you can't sue MIL, but it does mean you can't use a lien as leverage. It also makes it harder to recover attorney's fees.
  • I would suggest talking to a lawyer for two reasons - not just to recover this money, but also because you want to learn how to avoid similar mistakes in the future. You may also want to look into regional and local small business resources through the Small Business Administration and the Michigan Economic Development Corporation - they may have more targeted advice.
    via bug-hunter
  • yridessa Family doesn't do this to family, so since she did this, she ain't family no more. You need your wife in your corner on that piece, and to triangulate with the rest of the family in how she stiffed you. Don't keep it secret. Be vocal with the family about the damage she is doing to you and how she stole thousands from you.
    via yridessa
  • Since she ain't family anymore, treat her like any other non paying client. Contact a lawyer to send a demand letter, and prepare to sue her. File a mechanic lien on her house. Take it as a lesson learned for future clients, deposits, 1/2 up front, etc.
    via yridessa
  • Never do work for family without everything in writing. More is at stake than just the job, so it makes sense to do more to protect it.
    via yridessa
  • souperman08 You'll need to file a suit, looks like Michigan small claims limit is $7000. Talk with a lawyer, get them to send a demand letter and see if that scares her into paying. Otherwise you have to go to court.
  • purpleepandaa If you can't get her to pony up, talk to a lawyer. Contracts are easier to enforce when they are in writing but oral contracts are enforceable. You obviously have proof of expenses incurred and services rendered. Unfortunately lawyers don't do good things for familial relationships...
  • 25point4cm "I don't want to ruin a family relationship, but I don't [want to] foot the bill for a new roof.". These two statements cannot be reconciled.
  • You have a claim in oral contract and quantum meruit (one party unjustly enriched by denying existence of contract). Not gonna help at family holidays, though. Edit: do you have family members that can help shame her privately?
    via 25point4cm
  • Edit Edit: If you decide not to sue and don't get paid, remember to send her a 1099-C for cancellation of indebtedness and file a copy with the IRS.
    via 25point4cm
  • BeginningSun247 Never do favors for family. You can cut them a discount, but you still need papers. As is, tell her that if she won't pay you WILL take her to court. You do have a case sense you did the work and she has insurance. If she file a claim and kept the money, that is fraud.

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