So, whaddya think?

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  • gsmittle
    Veteran Member
    • Aug 2004
    • 2793
    • St. Louis, MO, USA.
    • BT 3100

    #1

    So, whaddya think?

    Who should get the $$$?

    http://news.aol.com/story/_a/contrac...00010000000001

    g.
    Smit

    "Be excellent to each other."
    Bill & Ted
  • final_t
    Veteran Member
    • Nov 2003
    • 1626
    • .

    #2
    Owner. Law is pretty clear on that part. He was a hired contractor for the house owner, doesn't matter if he was a long-time friend or not. Amazing what greed will do to people.

    Comment

    • LinuxRandal
      Veteran Member
      • Feb 2005
      • 4890
      • Independence, MO, USA.
      • bt3100

      #3
      I don't know what law they are refering to when they talk about a finders keepers law, but:
      Was there a contract?
      If there is a finders keepers law, then why did the contractor call the homeowner?
      Since this was in a box that was attached, and buried in Real property, does the traditional real property rules apply?
      She couldn't tell the difference between the escape pod, and the bathroom. We had to go back for her.........................Twice.

      Comment

      • Habe
        Established Member
        • Dec 2002
        • 164
        • Indianapolis, IN, USA.
        • 22114

        #4
        Bet that future remodeling contracts will have a clause in them about things found when doing a remodel. Just one more step away from common sense and what is right.
        Habe

        Comment

        • Ed62
          The Full Monte
          • Oct 2006
          • 6021
          • NW Indiana
          • BT3K

          #5
          I think the proper thing to do with something like that would be to give it to me.

          Ed
          Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

          For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

          Comment

          • cabinetman
            Gone but not Forgotten RIP
            • Jun 2006
            • 15216
            • So. Florida
            • Delta

            #6
            IMO, the contractor found property somewhere in the house, it doesn't matter where. To keep it would be theft of real property. Does it matter which side of a wall it was found, I don't think so.
            .

            Comment

            • crokett
              The Full Monte
              • Jan 2003
              • 10627
              • Mebane, NC, USA.
              • Ryobi BT3000

              #7
              Contractor found it on her property it is hers. He is not entitled to anything - 10% was something she did not have to do.
              David

              The chief cause of failure in this life is giving up what you want most for what you want at the moment.

              Comment

              • Richard in Smithville
                Veteran Member
                • Oct 2006
                • 3014
                • On the TARDIS
                • BT 3100

                #8
                When the woman bought the house, she bought everything that came with it. Anything found within the walls belongs to her. You wouldn't think of claiming 40% of the studs?
                From the "deep south" part of Canada

                Richard in Smithville

                http://richardspensandthings.blogspot.com/

                Comment

                • cgallery
                  Veteran Member
                  • Sep 2004
                  • 4503
                  • Milwaukee, WI
                  • BT3K

                  #9
                  Contractor gets nothing.

                  If I were the contractor, that wouldn't bother me at all. I would be so happy for my friend if I were in that position. Of course, I'd hope to help her spend some of the money (maybe get to go shopping w/ her for her new car or something).

                  BTW, someone please tell me they are checking other walls (and floors).

                  Comment

                  • Pappy
                    The Full Monte
                    • Dec 2002
                    • 10481
                    • San Marcos, TX, USA.
                    • BT3000 (x2)

                    #10
                    Without reading other's comments, it's the homeowner's property. I think the offer of 10% was quite fair.
                    Don, aka Pappy,

                    Wise men talk because they have something to say,
                    Fools because they have to say something.
                    Plato

                    Comment

                    • Tom Slick
                      Veteran Member
                      • May 2005
                      • 2913
                      • Paso Robles, Calif, USA.
                      • sears BT3 clone

                      #11
                      hey, while I was working I opened this drawer and found $500 under your socks, it's mine now. what would the answer be? same as in this situation, the HO owns it, the contractor is a theif.
                      Opportunity is missed by most people because it is dressed in overalls and looks like work. - Thomas Edison

                      Comment

                      • Tequila
                        Senior Member
                        • Aug 2004
                        • 684
                        • King of Prussia, PA, USA.

                        #12
                        10% is downright generous. The "finder's keeper's" law can't possible apply to something you found in someone's house.
                        -Joe

                        Comment

                        • chopnhack
                          Veteran Member
                          • Oct 2006
                          • 3779
                          • Florida
                          • Ryobi BT3100

                          #13
                          Agreed, she was awefully nice, I hope the contractor gets that one day when he's not so hungry for money and realizes that he would of screwed over a friend for paper!
                          I think in straight lines, but dream in curves

                          Comment

                          • jseklund
                            Established Member
                            • Aug 2006
                            • 428

                            #14
                            My first impression is that the homeowner, or the HO as Tom Slick put it, gets the cash.

                            However, LinuxRandal does raise one very interesting question- was there actually a contract? He may be referred to as a "contractor" in the articles because he is a contractor for a living. But if he was not under contract- then this may raise some other questions.

                            If there WAS a contract- was it written in the contract that he would hall away debris? This would imply that he takes posession of whatever he finds in the walls and cannot reuse for the construction. In this case, would he have a right to all of the $$?

                            Also, just for more of a devil's advocate- the 10% may have been very generous. But what about the phone call? How generous was that. If he were an illegal immigrant working for one of the contractors around here, and he opened my wall and found this....I'd be psyched he made the call. I doubt it would have happened though. I would have never known about it because they would have taken it all, and left with the job half finished.
                            F#$@ no good piece of S#$% piece of #$@#% #@$#% #$@#$ wood! Dang. - Me woodworking

                            Comment

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