M
max10
Guest
ATTACHMENT 1
On October 31, 2002 xxxxxxx agreed to refinish our hardwood floors for the second time to “industry standard or better” as so stated by xxxxxx, owner of xxxxxxxx. During that process they left swirl marks embedded in the floor as well as gouges along the steps and baseboards. xxxxxxx has inspected the floors and has admitted that the floors are flawed and has agreed to repair the floors. Two flooring contractors, in addition, have examined the floors and have given estimates that the floors will have to be completely refinished again to be “industry standard”.
This would be the third time xxxxxxx has worked on the floors. They only agree to repair not completely refinish, they have agreed to pay for cleaning, but will not pay for anything else. The second time they refinished the floors they agreed to pay for moving and storage as well as cleaning after a lengthy exchange.
Our claim is that xxxxxxx has failed twice to perform to “industry standard or better”; a breach of contract, therefore, we have requested that xxxxxx pay the cost of having another company that we have obtained estimates from to refinish the floors. In addition, we have requested that they pay for moving and storage during the weeklong period, cleaning which they have agreed, attorney fees, postage and film.
We have tried to resolve this dispute amicably and have filed with the Better Business Bureau however, xxxxxxx has chosen to obtain an attorney to represent them and I have asked an attorney to help resolve the matter. After several exchanges between attorneys, my attorney recommended that I file in Small Claims since the amount was not great and that legal fees could exceed the amount of any claim.
This was a writtten contract and stated work to be performed to "industry standard or Better". Any opinions as to is this a breach of contract? In addition, can one claim cost to have another company come in and do the work?
On October 31, 2002 xxxxxxx agreed to refinish our hardwood floors for the second time to “industry standard or better” as so stated by xxxxxx, owner of xxxxxxxx. During that process they left swirl marks embedded in the floor as well as gouges along the steps and baseboards. xxxxxxx has inspected the floors and has admitted that the floors are flawed and has agreed to repair the floors. Two flooring contractors, in addition, have examined the floors and have given estimates that the floors will have to be completely refinished again to be “industry standard”.
This would be the third time xxxxxxx has worked on the floors. They only agree to repair not completely refinish, they have agreed to pay for cleaning, but will not pay for anything else. The second time they refinished the floors they agreed to pay for moving and storage as well as cleaning after a lengthy exchange.
Our claim is that xxxxxxx has failed twice to perform to “industry standard or better”; a breach of contract, therefore, we have requested that xxxxxx pay the cost of having another company that we have obtained estimates from to refinish the floors. In addition, we have requested that they pay for moving and storage during the weeklong period, cleaning which they have agreed, attorney fees, postage and film.
We have tried to resolve this dispute amicably and have filed with the Better Business Bureau however, xxxxxxx has chosen to obtain an attorney to represent them and I have asked an attorney to help resolve the matter. After several exchanges between attorneys, my attorney recommended that I file in Small Claims since the amount was not great and that legal fees could exceed the amount of any claim.
This was a writtten contract and stated work to be performed to "industry standard or Better". Any opinions as to is this a breach of contract? In addition, can one claim cost to have another company come in and do the work?