Designer or contractor?

[francois2000]

California State

Hi,
I have a question in regards to Small Claims court. Five months ago, we hired a Designer for some remodeling in our house. Part of the remodel was replacing 3 windows and 12 doors. She recommended a window contractor who provided us with a quote for the materials and installation of the 3 windows and 12 doors. The contractor requested a deposit of $6000 for materials. We agreed and gave a check to the name of the designer. She then paid the contractor from her account.

We are now five months later, we have received two windows only. We never received the 12 doors and 1 window and we declined installation and the defendant refuses to adjust his quoted price for the windows without installation.

The designer tried for weeks to work out a deal so the contractor would give our money back, to no avail. We want to move forward to the small claims court. But our biggest question is: who is responsible? While we initially met with the designer and the contractor, we ended up paying the designer directly. She can provide a cancelled check that the money was forwarded to the contractor. But should we file against the Designer or the Contractor, or both?

Thanks

 

[Dave1952]

Did the designer specify the doors and windows to be used? Did the designer or the contractor specify a completion date for the project? Why hasn't the contractor been able to get the doors and windows? What has the contractor offered to resolve the materials problem?

 

[justalayman]

You paid the designer why? Do you have a written contract? If so, who is it with; the designer or the contractor?