Suing an out of state Corporation

[rhammond5]

What is the name of your state (only U.S. law)? Virginia

In November 2013, we had a countertop installed-man made. Within 2 weeks, the product began chipping & flaking with a glass or glass-like particulate coming off the top. The fabricator came out to inspect & covered the tops for safety. Due to pushback from the distributor and the manufacturer a full month went by. In December manufacturer flew a field rep and distributor sent a partner. They examined, told me I would be "made whole" ; recovered the tops & left. No response since then. I have been hounding my fabricator & finally yesterday received a call offering a refund of full price. However, it's been 5 months. I "lost" Thanksgiving & Christmas meals, my husband & I have been eating out 3-4 times per week because our kitchen is not fully functional. The nearest warehouse for granite/quartz is 1-1/2 hours away & I've made three trips to choose another product. If they agree their product is defective, how can I sue in small claims for out of pocket expenses & also emotional distress? (I'm not being greedy, I just want compensation for losing the "heart of my home" for 5 months while they dragged their feet. There has been no negotiation during this time--they literally called yesterday.
Company is not listed as a foreign Corporation in VA, however sells & distributes their product in the state.
Thank you!

 

[justalayman]

you won't get out of pocket expenses nor emotional distress. You could have slapped a piece of plywood up there for a temporary counter top if you could not find any other way to get by (like maybe portable tables and such) so no, repayment for eating out is not going to happen.

emotional distress; sorry but if you are that distraught over a counter top, I would hate to see the rest of your life. Claiming emotional distress (which isn't available in a breach of contract suit anyway) is unrealistic and not happening.


travel time ir anything else in sourcing a replacement isnt happening either.


being made whole in this situation is having your money refunded or a replacement counter (of same value) installed.

 

[Zigner]

being made whole in this situation is having your money refunded or a replacement counter (of same value) installed.

It could be argued that, if the OP is forced to hire somebody else to install a comparable counter, s/he could recover the additional costs if it is more expensive...

 

[rhammond5]

you won't get out of pocket expenses nor emotional distress. You could have slapped a piece of plywood up there for a temporary counter top if you could not find any other way to get by (like maybe portable tables and such) so no, repayment for eating out is not going to happen.

emotional distress; sorry but if you are that distraught over a counter top, I would hate to see the rest of your life. Claiming emotional distress (which isn't available in a breach of contract suit anyway) is unrealistic and not happening.


travel time ir anything else in sourcing a replacement isnt happening either.


being made whole in this situation is having your money refunded or a replacement counter (of same value) installed.

I giggled at your remark but it's not just a countertop---it's all my entire surface area of the kitchen covered with plywood. That's Reasonable for a short period of time, not reasonable after 5 months. And, if you've ever remodeled a kitchen...you'd understand stress.
And it will be more expensive, but comparing granites to each other or quartz is apples to oranges. They are priced all over the place. I expect to have to pay more in the end anyhow. They told me to keep them covered because it's dangerous if I ingest the particles...yet they left me without a functioning kitchen for 5 months.


Removal of the counters will require replacement of drywall (again) and they have agreed to pay for that as well as electrician to disconnect & reconnect the stove/downdraft. Is that the best I can do? So, I wouldn't have a chance in he** in small claims?

 

[justalayman]

You aren't going to get the cost of a higher cost product. That would not be fair to the current supplier.

And I understand construction and remodeling quite well. I also understand what mitigating your damages are and that is where you failed.

For the life of me I cannot imagine why you would need to replace any drywall. The blocking in place is not going to need to be altered as it is installed quite generically. There may be minor damage to the surface of the drywall but that would not require replacing the drywall, especially if you have a tile or some other surface treatment other than just paint

 

[rhammond5]

You aren't going to get the cost of a higher cost product. That would not be fair to the current supplier.

And I understand construction and remodeling quite well. I also understand what mitigating your damages are and that is where you failed.

Not sure what you mean here>

For the life of me I cannot imagine why you would need to replace any drywall. The blocking in place is not going to need to be altered as it is installed quite generically. There may be minor damage to the surface of the drywall but that would not require replacing the drywall, especially if you have a tile or some other surface treatment other than just paint

Sorry, I misspoke. We ran the backsplashes up the wall to the cabinets. The Fabricator glued the quartz to the wall...he is the one who said removing the splashes usually damages the drywall. If true, the manufacturer has already agreed to pay for that cost.

I'd have been better off had I eaten the particles ...just kidding! Never sued anyone before & not interested in turning this into a personal injury.
Thanks for the insight.

 

[justalayman]

Did you say this is a man made product? Not that it matters to your issue, just curious if any of the name brand products are having problems.


If they agreed to replace the drywall, great. It would save a possible argument if there is enough damage due to the style of installation causing it needing to be replaced n

It sounds like they are working with you so that is a huge plus.

Basically what you are due is what you paid and the cost to repair any damages caused in removing the defective top and returning you to a before it all started condition, if that is necessary to install a different top.

 

[rhammond5]

Did you say this is a man made product? Not that it matters to your issue, just curious if any of the name brand products are having problems.


If they agreed to replace the drywall, great. It would save a possible argument if there is enough damage due to the style of installation causing it needing to be replaced n

It sounds like they are working with you so that is a huge plus.

Basically what you are due is what you paid and the cost to repair any damages caused in removing the defective top and returning you to a before it all started condition, if that is necessary to install a different top.

Thanks.
Yes, large brand engineered Quartz; fairly new problem with one particular line. Fabricator believes possible change in manufacturing processing, or regional from one particular plant. Don't want to blast them if they are indeed doing everything they should...just wish they'd give a little more, since it's now a known problem. Ok, enough.

 

[justalayman]

Absolutely nothing wrong with asking for the moon.

Good luck. Hope things work out for you.