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F & T Construction, Fred Bentley, General Contractor breach of contract, non payment for work performed, deceptive practices Dayton Ohio
I am a small subcontractor who was contacted by Mr. Bentley of F & T Construction to do work on a building he was acting as general contractor. He was paid fully for our work on the building. He has failed to pay our portion of the work. Initially when asked about payment, he indicated that he was not paid and that it would come in "two weeks".
After a few more times of him stating "two weeks" for payment, I contacted the owner of the property. They informed me that Mr. Bentley had been paid for quite a while for everything on the project.
Upon contacting Mr. Bentley, I informed him that I was going to place a lien on teh property. The last day in which I could place a lien, I contacted him for payment.
He promised to pay the full amount due but he couldn't get the money until the following day. He insisted that the payment would be made and that he asked that no lien be made.
Instintively, I did not believe his statement and I filed the lien. Upon contacting Mr. Bentley the following day for payment, he gave another story about how he couldn't get payment for a few more days.
Basically, I believe he lied to me in an attempt for me to miss the statutory date for filing a lien. He has since broken numerous promises to make good on the overdue payment.
He has breached his contract with my company, violated Ohio's prompt Payment Act and has never kept his word.
Mark
Maineville, Ohio
U.S.A.
1 Updates & Rebuttals
Dean
Nicholasville,Kentucky,
U.S.A.
Good Move!
#2Consumer Comment
Sat, February 19, 2005
Hi Mark, Good move on your part, stick it to him like he is trying to do to you. I also have a small business and have yet to figure out why these low lifes think we should finance their projects wih our hard earned money.
I have fallen for the promises and missed lien dead lines but it will not happen again to me. Good luck and I hope he pays you and the property owner doesn't end up paying twice.