Log Cabin Fireplace/chimney advice needed.

[check]

You poor bugger. What a pain you have facing you. In our case, we had the contractor build a chase out of wood, and then use d a wood-burning fireplace insert. Then, we used a fake stone facing on the outside of the fireplace, which looks very good. Inside, we used a stone which just hangs on the wall with clips. Very easy install.

I really hate that when you get a loser that reneges on a contract. I wish you the very best of luck with dealing with the follow up!

 

[jyoutz]

@N80 - Not trying to cause a big debate & I don't know the laws for residential contracts in SC... but check into them; I deal with them on a daily basis as a contractor.


If you had a legal contract (again depending on state laws)... or better yet he gave you a contract to sign that does not meet the state requirement, then he breached it (or broke the law) & you should be able to recoup most of if not all of your deposit... even if he has to take back the materials at his loss... This contractor is not your friend, nor looking out for you, make sure you are not treating him as such...

We deal with masons / tile / stone contractors all the time, there are great ones & not so great ones... I don't think they are any harder to deal with than any other trade... no even with a language barrier.

If this was my personal project.. I might look at it a different way based on your description... First I would get every cent back from the original contractor including the materials delivered; he can have them back... they are doing you no good & may not even be correct based on who you hire to do the job (how they would do the job) & especially because they do you no good uninstalled, (they are just raw materials not a partially finished project). Granted you may have to pay for the footing he installed (hopefully correctly), but I would even question that being he has not fulfilled his contract on two separate occasions. Again, I hope you have a sign contract...

Now if this was a retro fit wood burning fireplace I was installing on a pre-existing cabin I would probably look at prebuilt wood burning firebox design (maybe even with a blower to recoup some of the heat back into the building when needed), that can use zero clearance stove pipe as its chimney. I would cut the opening as you mentioned, install the fire box & run the stove pipe up the exterior of the cabin. Then because it is zero clearance pipe I would frame in the exterior pipe to look like a traditional chimney & face it with stone or brick veneer. I would finish the interior to match. You wind up with the traditional look you want, with the added benefit of recouping heat, a stove pipe chimney (easy to clean), & all probably for less then a full masonry chimney but with very similar or the same look...

That is the simplest and I think the best plan. Cleaning a stainless steel pipe chimney is far easier than cleaning a masonry chimney.

 

[dodge man]

I have a setup very similar to Check. It’s a Vermont Castings insert and a triple wall flu going up to the roof. The stone is what they called cultured stone, it looks real, feels real, but is man made. I don’t know if this setup would be a lot cheaper or not. It’s an option to change the plan or totally bail on the project and sell the materials for what you can.

 

[Doughknob]

I can tell you from experience, that an "inside" chimney done right is much better than an "outside chimney. You want to keep the chimney hot and having it inside helps with that.

If I had a log cabin and wanted a brick chimney, I'd go straight up "inside" right next to the wall and only cut a square hole in the roof for it. I'd do a simple brick casing like one would do when using bricks for the exterior siding of a house. The "real" chimney would be a double wall insulated stainless pipe inside the brick casing. That way no problems with heat next to the internal log wall and its easy to clean. Best of both worlds - modern insulated stainless chimney that looks like a brick one!

Chimney - DuraVent

WHAT IS ALL-FUEL? A system designed and built to exhaust wood, coal, oil, or gas fired low heat residential appliances. These systems are commonly called a “Class A chimney” or a “Factory built chimney”. These are mainly used on free standing stoves, furnaces, and fireplaces. This product comes...

duravent.wpengine.com

 

[N80]

Here is an update: We won in small claims court but that seems to be meaningless. He just ignored it.

We are now taking him to masters in equity court. He was served papers today by a process server. The clerk of court assures us that they will find out what he owns and they will make sure we get paid. They seem to be quite serious.

But, I am not optimistic at all. The whole time I kept coming back to what @Eagle1 said:

Winning in small claims court is the easy part, getting you money is another thing. You will have to figure out what he owns that you can place a lien on and you "may" get paid when he sells. If he has a job with a paycheck you can garnish wages but he'll quit and you start over. Odd are he is better at that game then you will be.

The masters in equity court requires him to present documentation of all of his assets and to swear under oath that he has done so. The court documents recommended that we bring an attorney and that the court will include that in what he owes us. My father-in-law (an attorney) says we do not need an attorney for this case but he will help us if needed.

The problem is that I feel pretty sure he doesn't own anything of value. His only registered vehicle is a '96 F250 which is probably his work truck (which I understand the court will not take) and is probably worthless anyway. That means we would be out what he owes us AND attorney fees.

I think he will fail to show for the court date the same way he did for the small claims court. At that point I don't know what happens next but apparently just ignoring summons and court appearances is a very effective defense.

This is maddeningly frustrating to me. The sheriff and the courts just seem to throw up their hands.

The one thing we have on our side is my wife's tenacity. She is not going to let this rest. She will pursue it until legal options run out.

I would love to handle this myself the old fashioned way...........but that is inadvisable of course. That's why my wife is handling it all. I'm not patient with this sort of person.

 

[thclimer]

Wow, this has sure dragged out, wish you the best.

Did you ever get your fireplace?

 

[beowulf]

I would not pay to have an attorney conduct the exam - why pass on the fun you can have if you go in with the right attitude. In California it is called a 'debtor's exam' and can be done every 120 days.. I have attached a link to a list of questions, but actually, I think you could come with some additional questions. Also, in California you can also require the debtor to bring in documents related to their property, income, debts, assets. A downside is that you may have to advance witness fees - not certain about that - but if so, it may get added to the debt. It may be a PITA for you to do this, but it is also the same for him - and maybe he will think he has to hire an attorney. Research in your state (online) to see what you can learn. And of course, you can post reviews of the business online - usually there are several venues for this, and a BBB review is also an option.

Sample Questions to Ask a Debtor - money_selfhelp

www.courts.ca.gov

 

[N80]

Update: Because he was summoned by the court to appear in masters in equity court and failed to appear he has been found in contempt of court. My wife goes to court tomorrow, presumably to confirm that we want to continue to pursue this. If so they will issue a bench warrant for his arrest for failing to show up.

If he is ever arrested, which seems unlikely, they will then foreclose on any property of value he has. He does own some land not too far from that and the courts will put the land up for sale and we will be paid out of those funds. This is what the clerk of court has told my wife.

Still not convinced that this will lead anywhere but she is not going to let this go and I'm proud of her for it.