Lawsuit adice

What is the name of your state?
Florida.

I was contracted by a homeowner in mid-2002 to install a home theater system. The customer insisted upon being involved in the installation and soon things became very complicated and many problems were caused by his involvement which prolonged the installation process. Also, many unusual time-consuming requests were made by him. I had originally suggested industry proven equipment and speaker placement to him which he rejected. I advised him that his choice would hinder performance
of the system.

While attempting to complete the installtion and satisfy this homeowner's requests, he would leave town on more than one occassion informing me that he would return "in a few weeks" which would turn into months. Upon his return, he would call and demand that I drop whatever project I was invloved in and cater to him.

After the second disappearance of several months, he called for a meeting where he annonced that he would like to relocate the equipment to the placement that I had orginally suggested. I informed him that this would be done at extra charge and he agreed. Upon submitting a proposal for these changes by fax, he agreed to proceed but requested a few changes in the wording of the proposal.

Several weeks went by without respose from him and I sent occassional faxes requesting communication. I did finally receive a voice messge from him stating that he was out of town, and would be returning in a few weeks and for me not to attempt to call him. The few weeks again turned turned into months.

In Janauary of this year, after no communication from him for 5 months, I sent a fax requesting communication and a statement of "Ready, Willing And Able" as I had done in previous faxes.

He resonded with a voice message and following fax stating that he had contracted another company to complete the work shortly after our last meeting, wanted a refund in-full or he would commence a lawsuit against me. He claims to have sent a letter informing me of his intentions but I never received one. (He NEVER sent letters before, always faxes) I have since received a letter from his attorney stating the same.

I have been in this business for a long time and have never had a situation like this.

Please advise

file51e said:

What is the name of your state?
Florida.

I was contracted by a homeowner in mid-2002 to install a home theater system. The customer insisted upon being involved in the installation and soon things became very complicated and many problems were caused by his involvement which prolonged the installation process. Also, many unusual time-consuming requests were made by him. I had originally suggested industry proven equipment and speaker placement to him which he rejected. I advised him that his choice would hinder performance
of the system.

While attempting to complete the installtion and satisfy this homeowner's requests, he would leave town on more than one occassion informing me that he would return "in a few weeks" which would turn into months. Upon his return, he would call and demand that I drop whatever project I was invloved in and cater to him.

After the second disappearance of several months, he called for a meeting where he annonced that he would like to relocate the equipment to the placement that I had orginally suggested. I informed him that this would be done at extra charge and he agreed. Upon submitting a proposal for these changes by fax, he agreed to proceed but requested a few changes in the wording of the proposal.

Several weeks went by without respose from him and I sent occassional faxes requesting communication. I did finally receive a voice messge from him stating that he was out of town, and would be returning in a few weeks and for me not to attempt to call him. The few weeks again turned turned into months.

In Janauary of this year, after no communication from him for 5 months, I sent a fax requesting communication and a statement of "Ready, Willing And Able" as I had done in previous faxes.

He resonded with a voice message and following fax stating that he had contracted another company to complete the work shortly after our last meeting, wanted a refund in-full or he would commence a lawsuit against me. He claims to have sent a letter informing me of his intentions but I never received one. (He NEVER sent letters before, always faxes) I have since received a letter from his attorney stating the same.

I have been in this business for a long time and have never had a situation like this.

Please advise

Click to expand...

My response:

"Please advise" is not a legal question. And besides, "advise" about what? You only gave us a synopsis of your business relationship with the customer, but you never explained what has prompted the lawsuit; i.e., Why the customer wants his money back from you.

IAAL

The client claims that the job was still not finished after 23 weeks,
that the equipment was incorrect and not what he ordered, that the system was incorrectly wired and that parts paid for were missing or replaced with lesser cost components. The system was left to him in working order although not complete and a balance 10K out of the orginal system of 50k was still owed by him.

The letter which this client claims to have mailed in August of 2003 was finally provided to me in January of 2004.

The last meeting and contact I had with the client in July of 2003 gave me every itntention that he was ready to allow me to finally complete the job. He then left town and I had no contact or reponse from him for 5 months.