How I paid for a privacy fence twice



"Hey Big B.  Celebration bourbon?"
Nope, crying in my bourbon tonight.
"Really?"
Yep, I'm living out a bad country song.
"What happened?"
I kissed $900 goodbye today.
"Gambling?"
Worse. I didn't even have fun doing it.



We had the pefect situation.  In late 2010, the neighbor found a fencing contractor (Shane), and all the neighbors were going to kick in on a new privacy fence.  Special winter rate, new fence, great times.  Shane even showed up to tear down part of the neighbor's fence and set the 4x4 posts.  Shane returned phone calls, promised to get to us right away, and sent nice text messages.  I believed him for about 5 months. 

Today is Feburary 7, 2012, and I spent the morning in court.  I filed a criminal complaint against Shane, and he didn't even show up today for the hearing.  Mine was one of two cases against him today.  Now there's a warrant for his arrest.  It's doubtful that I'll get the $900 back, and I didn't even get to see him go to jail today.  He currently has 6 pending criminal cases and 2 civil cases.  Did I tell you I've already won a civil trial?  That don't mean squat unless you have a reputation to protect or assets to get.  Yes, it's tough to catch a petty thief in today's legal system.  I'm not going to fill you in on the gorey details of what I've done to try to get this guy to justice, or get up on a soap box about being wronged by society.  If you want more of the story, email me here.  Did I tell you it's fairly easy to avoid people like Shane?  Let me tell you how.

1. Ask for references and talk to them.  I know this is time consuming, but well worth the time.  We skipped it.  Heck, most people just click a web site or pick an ad out of the Yellow Pages.  Thieves and poor craftsmen can build nice web sites and buy big advertisements.  You'll have a much better chance of getting what you expect if you take this step.
2. Research, research, research.  Google the contractors name as well as the name of the business.  Look for any red flags.  Don't hire a person if you have the slightest doubt about their honesty.  There's enough contractors in your region to kick out a dozen (or two) to get one good one.
3. Don't use the Better Business Bureau to find a contractor.  They don't make reports public that include lawsuits.  Basically, a Shane could do 10 good jobs to get an "A" rating, and then have 100 court cases against him.  Shane gets an "A", and you get screwed. 
4. If you pay a deposit, use a credit card.  You can always contest a charge on a credit card.  Case Study #1:  One time, my wife and I were dancing at a place downtown who was hosting an awesome latin band.  I started a tab on my credit card.  A few bourbons later in the evening, we went home in a cab, and the credit card stayed.  I got it back the next day, but encountered many suspicious charges on my bill after the event.  I called the credit card company, then called each business on the bill, threatened to contest the charges, and every one reversed the charges.  I was out some time, but no money.
5. If they don't take credit cards, pay no more than 10% down.  If they want more for a down payment, see the tip below.
6. For any down payment, specify in the contract that the payment is for materials.  If they fail to produce the materials and fail to refund the money, the act is criminal (THEFT BY FAILURE TO MAKE REQUIRED DISPOSITION).  Like I said earlier, legal means is great if they either have assets you can get or a reputation to protect.  Shane has neither.
7. Use Angie's List!  This is the best site out there to find reviews on contractors.  I gladly paid the $12 to sign up for a year of the service just to give Shane an "F".  Since I've been a member, I've used the service to find 2 contractors.  Don't pick one if they have one review that sets off an alarm in your brain.  Take your time, and pick a good one with all "A's" or maybe allow one "B" if the reviewer was a little over the top.  Angie's list is good, but the next tip is better.
8. Use a contractor that a friend, coworker, or family member has used and really liked.  Make a post on Facebook that you're looking for a contractor, and see what your friends post back.  I found a great plumber from the guys at work and the very best window guy in the world from a Facebook post.
9. Make any contract timebound.  For example, a fence shouldn't take longer than 60 days to install (even with bad weather), so write in the contract that a full refund is expected if the work is not performed in the agreed on time.  If they will not agree on a timeline, do not hire them.
10. If you get a high pressure sales tactic where a price is only good while they are in your home, kick them out of your house.  I've done it before and will do it again.  A significant investment is worth thinking about.  If they can offer the price today, they can offer the price next week.  If they won't leave or get combative, call the police.
11. Document everything.  Write down check numbers, dates, timelines, phone calls, web searches.  I have a one inch thick folder on Shane.
12. Raise concerns early.  If the contractor does a bad job or doesn't show up, call them immediately and try to work out any issues.  If you don't think they will do the work, and they keep your money, call a lawyer for help.
13. Ensure that your contractor is licensed and properly insured.  Licenses can be checked at your local government office.  In my county, this is the Office of Building Inspection.  A good contractor will also add you to their insurance policy before performing work.

I can tell you I've spent a lot of time feeling dumb about this.  (Many of my friends might say that's normal, but don't believe them.)  The upside is that my dealings since Shane have worked out very well.  I use the tools I list here on every deal.  The contractors have a tougher time with me, but the really good ones are up to the task.

I've got to admit that I did have fun with one part of this ordeal.  Did I figure out how to get Shane?  Maybe, maybe not, but I did throw him a zinger.  I didn't even think of the plan, one of my Facebook buddies did.  I'm not the greatest inventor, but I've not seen many who can beat me on implementation.

First, I Googled Shane's business name and told my story on every web site that would let me review him.  It cost me 3 bourbons and about 2 hours sitting on the laptop on Bunco night.  Yes, my crappy rating of his business covers at least 90% of the hits his business gets on Google.  Next, I bought the internet domain for his first and last name.  Yes, I own hisname.com and built a web site on it.  Cost about $20 on Godaddy, which even included search engine analytics.  I used a free service called Weebly to stand up the site.  The site gives a blow-by-blow of my time with Shane (facts only) with links to my court documents, crappy reviews, contractor tips, and how to file a criminal complaint against him.  With a litle tweaking, my site is #1 on Google when you search his name and on the second page when you Google his business.  People who follow tip #2 won't hire him anymore, and people who have been wronged by him have instructions on how to add fuel to the fire.

Please don't make the same mistake I did.  My research has led me to people who are out tens of thousands of dollars.  In the grand scheme of things, I lost chump change.  You don't have to lose any.

Read this article to see how I put these tips to use when we bought new windows for the house.