unit asked:
I contracted a private company to install a bathroom suite. I’m not happy with the quality of work and the time taken to complete the job. What are my legal rights to argue the cost they’ve quoted?
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on Wednesday, October 1st, 2008 at 9:53 pm and is filed under Law & Ethics.
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October 4th, 2008 at 10:03 pm
If you don’t think they satisfied the terms of the contract, sue them.
October 7th, 2008 at 2:13 pm
Look at the contract you signed. They are in there.
October 8th, 2008 at 6:27 pm
once you sign the contract its too late
however if the quality is not what is specified in the contract then you have grounds to sue them
same with the extra time taken, assuming a specific amount of time was shown on the contract
of course you hold the purse strings too, so if you balk at giving them the final payment maybe the company will be willing to give you a break since they didnt meet youre expectations
or they will sue you for what you owe them plus court fees, works both ways you know
October 9th, 2008 at 8:58 am
There are statues in almost every state regarding invoicing versus quote for pretty much every trade…especially auto work. You will have to lookup the statue in your state, which says what percentage over the initial estimate they are allowed to invoice by law, and what your avenue for challenging the amount invoiced and quality of workmanship would be.
In my area - FL….auto work can be invoiced up to 20% over the initial estimate. There are requirements however for the mechanic to notify you of any change in price outside of the initial quote, and it has to be in writing that you agree to it. There are also rules in the statue that says they cannot hold your car hostage, while you’re challenging the amount of invoice if it is outside of the original estimate.
you need to research… sometimes it’s easier to get a lawer..or at least consult with one to see where you stand legally.
It is usually required for any trade to provide an ITEMIZED invoice for time and material type billing.
October 10th, 2008 at 7:17 pm
Yes, you have a right to sue, but that doesn’t mean you’ll succeed at getting compensation.
You must prove that you tried to “mitigate the damages” - lessen the loss. For example: Did you, at the first sign of shoddiness, tell the contractor you weren’t happy, so he could rectify the problem to your satisfaction? Did you tell them you would find someone else to do the job in a professional way, and then start dialing that phone? Did you pay them fully at the beginning of the job, then ask for money back when you discovered what a mess they were making? Or did you smile and pay up at the end of the job, feed them coffee and doughnuts, and tell them how lovely it looked?
If you didn’t do anything to mitigate those damages, you may be out of luck, but I’d definitely take photos and give it the old college try.