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Trying to get something for nothing

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What is the name of your state?What is the name of your state?CA

We were hired to perform 6 dryer vent cleanings at a res/comml complex. 1st story-businesses, 2nd story-apts. Dryers vent out roof from 2nd story. Sent out bill for $810. Get a call from prop mgr claiming several tiles on roof are broken from cleaning. My hubby says he'll check with employees (adult son & employee of 6 years). Mgr says the tiles are hard to find & will get info. Employees say they mainly stepped on tiles already broken.

We get a reply a month later from prop mgr. He encloses a check for $145 & a copy of a bill from local roofing company for $665 for replacing 25 tiles ($26.60 per tile). There was a note on the invoice from mgr stating "Costs included searching for replacement tile as they are not manufactured anymore. I had add'l costs-had to print tiles to match".

I called roofing company 2 times in a week attempting to find out which tiles were replaced. No response. So I have my husband drive out to the property with camera and take pictures. Pictures clearly show many tiles replaced on front of 1st story roof where we never even stepped. Not even a close match to other tiles. Pictures from the backside (where we gained access to roof show maybe 1 or 2 tiles replaced. I know this sounds confusing but I have the pics if anyone wants them emailed to clarify.

I leave a 3rd message for roofing co saying I have pictures showing the replaced tiles. I again request some sort of inspection report or report of work done. Guy finally calls back (after hours) and leaves message that I should really take this up with "Harry" the manager. Obviously he talked to "Harry" because then "Harry" leaves me a message telling me that he talked to "Bud". He tells me the guys did great work but unfortunately they broke the tiles. End of message.

I've been holding the $145 check for the past few weeks, trying to figure out how to approach this. Obviously it could be turned over to our liability insurance company, but isn't worth it for the dollar amount. Likewise for retaining a lawyer to write the letter with appropriate legal language. I've been busy handling other, more urgent situations (knee surgery, rebellious 16 yo son, yadayadayada) but need to get this resolved. I think it would be best to only handle this in writing.

Therein lies the prob, what to write. I know we have some brilliant legal minds and serious "you're gonna get in trouble if you don't" letter writers. My hubby thinks we should offer to pay for a couple on the off chance that they were inadvertantly broken and not noticed. I say no, it's like admitting guilt for all the broken tiles (even in areas we didn't access). Am I able to again request a report of tiles replaced or should I just write a letter to the manager stating his payment of $145 is unacceptable?

We've been in business in this county for 14 years and have not had this problem before. Cleaned probably 1500 dryer vents (tile roofs included). I feel like this guy is trying to cut his costs and get us to pay for unnecessary repairs.

So my question is: What should be the tone of the letter I send? I have never had to take a customer to small claims yet (thank you, Lord) but I believe you have to make a final demand for payment. The guy seemed nice enough but I'll not be taken for a ride.

I still have his message stating that all the broken tiles had been replaced before our work with his existing inventory of matching tiles. I have no doubt that the mismatched tiles in our pictures are the ones he's claiming were replaced.

If you've got a few extra minutes, please leave me a reply (or better yet) a rough idea of a letter I could send him telling him nicely "Nice try but no dice".

Thanks
 


Sheesh, I feel like William H. Macy in The Cooler. :D Seriously, long story short, can someone help me write a professional and concise letter to this property manager? It's basically us against him, except for the pictures. We're trying to be nice but do not feel responsible for this guys repairs.

The Cooler reference? If you look at my posts, I'm usually the last person responding before the thread dies or is locked. :eek: Perhaps I should take my hint from that?
 

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