Piano Rebuild Client AWOL

[Joseph Alkana]

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Terry,

Hold on here!!!
May I remind you that the mother is not the owner of the piano by =
default. You have a mechanics lien probably in place by state statute, =
but of course you need to research that a bit. You may have to post a =
notification to the public and then you can proceed to dispose of the =
piano as you see fit. You have no contractual obligation to discuss the =
disposition of the piano at all at this point. You must treat her as you =
would any third party nosing around. Once you have established clear =
title to the piano you can proceed with whatever remedy you see fit: =
Sell as is, junk it, fix it up and sell for top dollar. The mother can =
negotiate with you as any other person. All this boils down to the fact =
that You are the owner now. It is your piano. Period. If the former =
husband were to show up shortly while you are finalizing the lien you =
hold, and you had given back the piano to the mother in a moment of =
stupidity, you could get sued for giving away property not belonging to =
you. In all frankness, I do believe your lien prevails at this time =
anyhow, but check out the statute to be sure.
Joseph Alkana RPT
  ----- Original Message -----=20
  From: Greg Newell=20
  To: Pianotech List=20
  Sent: Wednesday, February 15, 2006 11:08 AM
  Subject: Re: Piano Rebuild Client AWOL


  Terry,
          Get signed disclaimers!

  Greg Newell


  At 01:03 PM 2/15/2006, you wrote:

    I've just run into a first for me. Couple years ago I contracted =
with a local couple (the husband to be specific) to remanufacture their =
old Baldwin M grand (5'3") - new soundboard, action, finish, etc. The =
piano was originally purchased new by the woman's grandmother and was =
handed down to her (read: sentimental value - no other piano will do). =
They put the first 1/3 of the contract fee up front. I completed =
building the new soundboard, bridges, ordered parts, etc., etc. The next =
step was to move on to refinishing - that is when the next installment =
of funds was due.
    =20
    I tried to contact them at that point (several months after I =
started) and was unable to - all phone numbers disconnected, etc - I =
tried internet searches with no luck. I now learn that the couple got =
divorced, the woman moved to the Carolinas and the man seems to have =
disappeared from the face of the earth.
    =20
    I stopped working on the piano a long time ago because it seemed I =
did not have a client and roughly 1/3 of the work had been completed.
    =20
    This morning I get a call from the woman's mother inquiring about =
the piano. I explained the status and she asked if I could just "put it =
back together" and that she had no funds that she wished to invest in =
the piano - but realizes that it may cost something to make it whole =
again in some minimal fashion.=20
    =20
    So now I'm trying to figure out some sort of solution to this =
situation. I seems very clear there will not be a "good" solution to =
this situation (unless, of course, the husband is found and is willing =
to complete the contract - which mom will try to do - but I'm not going =
to hold my breath). I only wish to get paid for the work I do to the =
piano. I do not wish to hold anyone to complete the full scope of =
contracted rebuilding tasks - that would be best for the piano, but I =
don't think anyone will want to pay for it. I'm going to figure up a fee =
for making the piano whole for the least cost. That will be such an =
awkward solution - new fabulous belly - peeling finish - dull plate - =
so-so action with chipped/cracked ivory keys. I feel so uneasy about =
such an end. And I know the lady won't be happy with the piano either.
    =20
    Does anyone have any constructive thoughts for a least-bad outcome =
to a situation like this? Maybe there is some avenue/direction that I =
have not thought of. Thanks.
    =20
    Terry Farrell
    =20
    =20


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