Its been up for 8 months! He hasn't been on the job site in over 6 months. He said he wasn't coming over today to remove scaffolding because the MHIC advised him to seek counsel. What does getting a lawyer have to do with getting his tools? What recourse do we have to get his property off our property? We already sent him a certified letter to remove the items. Does it become considered abandoned at some point?
after 30 days of him receiving the letter, if he does not come get his materials they are now yours.(in my area you should check a little more to make sure you area has the same rules) They are technically yours. I'd try to sell them, depending on if they are in good shape, you can get quite a bit of good money for them. You also can send another cerified letter to contractor saying that as of [DATE] you are now charging [AMOUNT OF MONEY] per day to hold them for [CONTRACTOR NAME/COMPANY].
Yeah I would hire someone to remove the scaffolding for him.. Bill him for it so it won't be an added cost to you. Then when you meet in Court you can get some of your money back.
You fired your contractor. Did you sign a contract to have work done on the porch? Read it and maybe that will tell you why he is seeking counsel. Is there something in the initial contract which you both signed stating something about you not being able to fire him? 8 months ? He is obviously not in high demand otherwise the equipment would have been needed elsewhere. Nobody has a ton of equipment that they can leave it all over the place. Otherwise not only can you not only put up a for sale sign(and city hall will know this stuff), treating it as abandoned.; you probably can get him on a charge of Littering on your property. Around my parts it is 2G minimum. If you hurt yourself on his scaffolding or the neighbor kid does, can you say law-suit? Then again somebody came during the night and stole it. And you can charge him a storage fee as any storage facility does.
I'd call him and tell him he has one day to get it off your property if he wants it or you're going to put a for sale sign on it
