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praying for some input

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T

toga

Guest
What is the name of your state? South Carolina

I posted on another board, but have not had any response. I hope someone on this board will be able to give me some advice.

I recently had siding and windows done for the sum of $18,000. Unfortunately, I have paid them in full and the job has not been completed to my satisfaction.

The windows were not installed properly, a roof vent was placed in the wrong spot, the siding is filthy and they neglected to run trim on several places. I paid extra to have the window frames built out and none of them are the same size. I had to install the new storms doors myself.

I have called them repeatedly and was told on one occasion that they would take care of the problems. I requested that they send a different subcontractor. I had complained during the work progress and one of the men urinated in my air conditioner unit. I did not want to know what they would do next.

After that conversation I was not able to get the contractor to answer the phone at the office or his cell. (they have caller ID) I sent a certified letter only to have it returned after three weeks.

I sought the advice of a local attorney and was told to have my husband take care of it. I do not have a husband and am now a bit gun shy to seek out another attorney.

I do have a contract containing a lifetime warranty on workmanship and the products used. It is obvious they will not honor that part of the contract. (I recently discovered a window with a leaking seal, how will I get that repaired?)

Do I have any case here? Small claims or can I go for the whole kit and kaboodle?

Thanks in advance.
 


JETX

Senior Member
Luckily, South Carolina small claims jurisdiction is $7500.00 (higher than most).

So, here is what I would do:
1) Have another contractor (or two) come out and give you estimates for completing/repairing the work that was done. This will help to establish the amount of damages to claim.
2) After you get the estimates, tell the contractors of your problems with the first and ask for their professional opinion on the quality and type of work completed. Ask that they note that in their estimate also. This could help in establishing your case.
3) Assuming that the amount of damages (completing or repairing is within the small claims limit, then proceed with your small claims action.

4) If the damages exceed the small claims, then you will have to determine the viability of the contractor (does he have enough assets to collect if you were to win) and if so, then talk with an attorney about a lawsuit.

Finally, is the contractor licensed or bonded?? If bonded, file a claim with his bonding company. If licensed, contact the licensing agency. Finally, if your state requires contractor licenses and yours is NOT licensed, you might not be able to sue the contractor.
 

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