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Window installation labor broker

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Barbara Boeh

Junior Member
I am in Ohio. I have a small business brokering labor for window installations to various window dealerships. In other words I supply installers to do the work, I collect a set price for windows and hire an installer to do the work, for which he is paid well. After paying for materials, and the labor, I make about 10%. Not a big margin. I have been doing this for almost 40 years.

Recently, one of the installers put in a job, not a typical installation. Some of his techniques were not customary, but certainly not unheard of in the industry, and the customer is asking for money back. We can amend what was done by doing it differently. A few small steps and it would be done. He wants that, but he still wants money.

In addition to that, the manufacturer was called out to investigate air infiltration, and has to remake some of the sashes as they were a bit too narrow. The customer wants the new sashes installed AND, of course, money back. Not only did he get to claim a $1500 tax credit for buying energy efficient windows, but he has mentioned that between the manufacturer, the window dealership, and the installation company, we should agree to give him ALL his money back!

Most customers would be willing to accept the adjustments and be happy. Should I get an attorney?


Am I obligated to amend the installation AND give him money back? If this went to court or arbitration, is there a chance I would have to do both?

Barb Boeh
 


Dave1952

Senior Member
It's not at all clear from your post who you contract with. Do you work for the dealership or the customer?

Good luck
 

sandyclaus

Senior Member
I am in Ohio. I have a small business brokering labor for window installations to various window dealerships. In other words I supply installers to do the work, I collect a set price for windows and hire an installer to do the work, for which he is paid well. After paying for materials, and the labor, I make about 10%. Not a big margin. I have been doing this for almost 40 years.

Recently, one of the installers put in a job, not a typical installation. Some of his techniques were not customary, but certainly not unheard of in the industry, and the customer is asking for money back. We can amend what was done by doing it differently. A few small steps and it would be done. He wants that, but he still wants money.

In addition to that, the manufacturer was called out to investigate air infiltration, and has to remake some of the sashes as they were a bit too narrow. The customer wants the new sashes installed AND, of course, money back. Not only did he get to claim a $1500 tax credit for buying energy efficient windows, but he has mentioned that between the manufacturer, the window dealership, and the installation company, we should agree to give him ALL his money back!

Most customers would be willing to accept the adjustments and be happy. Should I get an attorney?


Am I obligated to amend the installation AND give him money back? If this went to court or arbitration, is there a chance I would have to do both?

Barb Boeh
Though there is no specific legal answers in my treasure box, I would think that you could either offer to amend the installation OR give the money back. Of course, if the improper installation caused measurable damages over and above what it will cost to amend the installation, then they MIGHT have a case for a refund of sorts, but certainly not the entire amount.

The concept here is UNJUST ENRICHMENT. They cannot get MORE from the remedy that is being offered than what the original damage would be worth. The customer can recover whatever costs they incur to remedy the problem but they should not, by any means, get to benefit from the remedy and still get the install entirely free of charge.

That's my opinion anyway. I'm sure if I'm off-base, someone will tell me soon enough. :rolleyes:
 

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