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No fence

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jere

Junior Member
What is the name of your state?
I am in the state of Virginia'

Near the end of April, this year, I contracted with a licensed fencing contractor to install a dog fence in my back yard. The agreed upon price was $2700.00 with an up front payment of $1350, and the balance to be paid upon completion. Due to the "large volume of work" at the time I was told that it would be mid June before he could get to my place, and we signed a contract with June 25 as the date for the work. June 25 came and went, but no one showed up to install my fence, or called to say that it would be delayed. When no one showed, my wife called the company and got a recorded message saying that the phone was temporarily disconnected. She tried again on Monday, 27 June and got an answering machine. She left a message stating who she was and asking that they contact us by telephone, concerning our fence. It is now Wednesday, the 29th of June and the company has made no attempt to contact us. Subsequent phone calls to the company phone number go unanswered even by the answering machine. I realize it has only been a few days since the work was to be done, but the companies refusal to contact us leads me to believe that they do not intend to do the job. My questions are, first:
Can I file charges against the company and their rep?
Second:
How should I proceed in my attempt to get them to either honor the contract and do the work, or to refund my money.
Third
Since I do need the fence done as soon as possible, would I be liable for payment of the amount contracted if I got another company to do the work.

Here are a couple of other pieces of info concerning this dispute. I'd forgotten about a check I'd written on the account I used for the down payment, so the check was returned for insufficient funds. When the company rep called and informed me, I offered to bring him a check, written on my other account. He said he would come by and pick it up. That was on May 3rd. When he came to my home he requested that I make the check out to him instead of to his company. I was dumb enough to do this. He cashed the check a few days later
 


shortbus

Member
I guess you haven't worked with contractors before? They're four days late in showing up. That's still "on time". I would give them another couple weeks before you file in small claims court to recover your deposit.
 

JUSTICE4none1

Junior Member
lol you made the check out to him instead of the company he works for huh lmaooooooo ( sorry bout that) try as you may I don't think the work will be done. OF COURSE if you called another contractor you would have to pay out the initial deposit. Too bad you don't have records of paying the company that payment all you have is a cashed check to " some guy"
 

jere

Junior Member
JUSTICE4none1 said:
lol you made the check out to him instead of the company he works for huh lmaooooooo ( sorry bout that) try as you may I don't think the work will be done. OF COURSE if you called another contractor you would have to pay out the initial deposit. Too bad you don't have records of paying the company that payment all you have is a cashed check to " some guy"
I do have the contract, signed by the guy who accepted the check
 

jere

Junior Member
shortbus said:
I guess you haven't worked with contractors before? They're four days late in showing up. That's still "on time". I would give them another couple weeks before you file in small claims court to recover your deposit.
What worries me is that his business phone seems to be disconnected.
 

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