[pianotech] breach of contract?

[Paul McCloud]

Hi, Terry:
If you can gain access to the piano again, you might remove the action and claim a mechanic's lien.  No payment, no action.  Make some kind of excuse why you need to work on the action.  Maybe to correct the "sound".  
Or, you could call the "Repo Man".
I'd have an attorney write a letter, but then it will cost you $$$ for that.  You could write your own letter threatening to take her to court, make sure it's registered, and see how she responds.  It's only been 6 days, so maybe just chill for a while.  It doesn't sound like you'll get paid very soon.  Sooner or later, if she doesn't like the sound, she'll call someone else to "fix" it.  You could try to find another technician to suggest to her, for a second opinion.  Maybe have her select someone from the PTG website, an RPT, so she would be assured that he/she was a competent technician, and still not be directly suggested by you.
I do think that a mechanic's lien would be the way to go.  I'm not sure how you do that.
Really, if she insists on not paying, legal options might be your only solution.
Good luck.
Paul McCLoud
San Diego

----- Original Message -----
From: "Terry Peterson" <pianolover88 at hotmail.com>
To: "PIANOTECH at PTG.ORG" <pianotech at ptg.org>
Sent: Thursday, March 28, 2013 8:50:08 AM
Subject: [pianotech] breach of contract?


Client wanted her 1940's Cable petite grand restrung. As per my usual routine, I did the complete prep, and then would have a technician specializing in stringing restring the piano. From the beginning this client was, shall we say, a royal pain. But I was already well along in the prep stage, having removed all old wire, pins, installed understring felts, cleaned and detailed, plus ordered and received the bass strings. I had initially confirmed one particular stringer (I won't mention who) who was set to do the stringing, but he pulled out at the last moment claiming an injury. This necessitated postponing/rescheduling with the client while I tried to find a replacement. 

The second "stringer" was suggested by the first, and also was set to do the job, but HE also bailed out at the last minute! At this point my client was understandably upset. Very soon after, and luckily, I got in touch with a technician I have known for at least 15 years, and although he doesn't do stringing as a specialty, he has strung many pianos and agreed to do the job. He did have to take more time to finish in order to fit the work in with his other tuning commitments, but it was finished and he did a fantastic job. Now, the client is avoiding my calls and payment of the balance due, and again when I called her just this morning, she said she was on the phone and would all back. Never did. It's now been 6 days since the work was completed. 

So I'm wondering what to do. She is really a major nitpicker and I fear she may refuse payment on some frivolous grounds. My technician friend told me that she was instantly complaining that her piano "didn't sound right" after he finished and gave it a chip tune. He explained that it was not yet in tune, but would sound much better once the first actual tuning was done in a few days. So if she refuses payment, or any further communication, what are my options. Sue? It seems to me that she would lose hands down as the work was completed in good faith. The only valid complaint she could make is that the work took a little longer than expected, but there was no guarantee of when the job would be completed. And I should add that it was this client who had rescheduled the start of the job THREE times! That means that each time she rescheduled that I would have to call to do the same with the stringer(s). 


Terry "UniGeezer" Peterson 
"Over 50, and not '2' Tired!" 
www.unigeezer.com