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Job not complete/they want payment

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Kellymac

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

In December of 2005 I contracted a flooring franchise to install ceramic tile in my kitchen. They completed the job, except that they did not do the baseboard area leading into my living room as I asked. They removed old baseboard and installed new baseboard, and then removed it as it's not what I wanted, however, the walls underneath were then damaged and needed repaired back to the way they were (I.e. baseboard that was there originally needed replaced and painting). I called them, a manager came out to look at it, said he would have it taken care of, and would call me when he returned to the store. He never called. I called twice in the next two weeks, and never received a response. Thus, the repair was never done. I did take pictures of the damage, and still have them somewhere I think, although I also never got it fixed by anyone else so it looks the same. I paid them half the cost up front, the other to be done after competion of the job. Since that time, I've received only 2 or 3 invoices from them requesting the payment, never a call, never a letter. I returned those invoices with notes written on them that I did not intend to pay.

Today I received a letter from an attorney for them demanding payment in full. Being that the job was not completed as I wanted, and the repair promised never occurred, where do I stand with this? Do I reply to the attorney stating the above? If they conider coming and finally repairing the work, do I have to pay the full amount? I have had to look at the damage for almost 4 years although I know I could have gotten it fixed since and have not. If they agree to come and repair it is it possible to get the balance due reduced? and what would be a reasonable amount...half, a quarter, a third?

Thanks for your input.What is the name of your state (only U.S. law)?
 


BL

Senior Member
Oh brother ,pay the people .

If you had a dispute you would have had to get estimates after offering them a chance to finish or repair.Present that in dispute and request an adjustment .

After 4 years , you can not right out refuse payment .

Oh and this post sounds fishy .
 

Kellymac

Junior Member
BL - thanks for your reply. The issue I am having is justifying them wanting payment in full for a job NOT completed to specifications and then their promise to fix the problem and not following through. They were willing to fix the job without further cost to me since it was their fault, and never did.

I'm sorry you find my post "fishy" - to me it is a very legitimate issue.
 

ariastar

Member
It sounds like they finished the job, but you changed your mind on the baseboards and had them remove them. The damage can't be so severe if four years has passed and you haven't been bothered enough to do anything about it.
 

justalayman

Senior Member
actually, they DID finish the job you contracted them for. You said so in your first post:

They completed the job, except that they did not do the baseboard area leading into my living room as I asked. They removed old baseboard and installed new baseboard,
but apparently you changed your mind:

and then removed it as it's not what I wanted,
So, they fulfilled their contract. Now, if you wanted to claim they caused damages they were liable for, then fine but waiting for 4 years to make a claim is unreasonable.

the statute of limitations for damage to personal property is 2 years and the statute of limitations for a verbal contract is 4 years so in either case, you have surpassed the SoL and as such, have no recourse to make a claim now.
 

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