Flooringstore
Junior Member
What is the name of your state (only U.S. law)? North Carolina
I appoligize, I posted this under the the wrong thread the 1st time
I am the owner of a flooring store with a case I have not had to deal with before.
A builder that I work with sent a customer into my store with an allowence for carpet. She made it very clear that she had to stay in her allowence and was specific in what type of carpet (berber)she wanted. This limited her to a few selections, but she made her choice and seemed happy with it.
On day carpet was to be installed, builder had not properly fixed sub floor where walls had been removed. My installer installed the carpet over bad sub floor and gaps could be felt through the carpet and 6lb padding. After completing the job, Customer did not approve. I might add that I did not either. Customer then decided that 6lbs padding was not good enough and and wanted an up graded pad at no charge. Builder agreed to pay and we agreed to take up all of the carpet, replace pad, and reinstall carpet. I personally over saw this entire job to insure every thing was done correctly. When we left job site customer was happy with job.
Next thing I hear from builder is that customer is not satisfied with carpet quality and customer wants to retain $1900 from final bill to replace carpet with another flooring store and gets builder to write a contract for them to sign stating this. Here is what the contract says:
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Balance on existing contract Total - 9567.00
Customer is unsatisfied with new carpet. Customer will retain 1900.00 from "Flooring Store". Customer has demanded "Builder" to deduct 1900.00 from final bill as a condition of final payment. "Builder" will make no other attempts to collect the 1900.00 for "Flooring Store" per customer condition.
Balance 9567.00
"Flooring Store" -1900.00
7667.00
Other than carpet, customer is satisfied with job done. The job is complete.
-builder signature-
-customer wife signature-
-customer husband signature-
Final Bill Total due 7667.00
Thank you
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I have made 4 attempts to contact the home owner to try to fix any problems, (which I still don't know what they are) and each time all I get is that she did not hire me and that she has paid the builder in full and to stop herrassing her because she has already ordered new carpet to be installed by another company. We are willing to repair anything, but customer will not let us in the house or tell us what is wrong.
Now that was a long story to get to this question. Who is responsible for paying me? Will a Lien on the house at this point do anything for our cause?
More to the point, who will I be taking to court?
If you are still with me, I could really use some advise.
Thanks
I appoligize, I posted this under the the wrong thread the 1st time
I am the owner of a flooring store with a case I have not had to deal with before.
A builder that I work with sent a customer into my store with an allowence for carpet. She made it very clear that she had to stay in her allowence and was specific in what type of carpet (berber)she wanted. This limited her to a few selections, but she made her choice and seemed happy with it.
On day carpet was to be installed, builder had not properly fixed sub floor where walls had been removed. My installer installed the carpet over bad sub floor and gaps could be felt through the carpet and 6lb padding. After completing the job, Customer did not approve. I might add that I did not either. Customer then decided that 6lbs padding was not good enough and and wanted an up graded pad at no charge. Builder agreed to pay and we agreed to take up all of the carpet, replace pad, and reinstall carpet. I personally over saw this entire job to insure every thing was done correctly. When we left job site customer was happy with job.
Next thing I hear from builder is that customer is not satisfied with carpet quality and customer wants to retain $1900 from final bill to replace carpet with another flooring store and gets builder to write a contract for them to sign stating this. Here is what the contract says:
----------------------------------------------------------------------
Balance on existing contract Total - 9567.00
Customer is unsatisfied with new carpet. Customer will retain 1900.00 from "Flooring Store". Customer has demanded "Builder" to deduct 1900.00 from final bill as a condition of final payment. "Builder" will make no other attempts to collect the 1900.00 for "Flooring Store" per customer condition.
Balance 9567.00
"Flooring Store" -1900.00
7667.00
Other than carpet, customer is satisfied with job done. The job is complete.
-builder signature-
-customer wife signature-
-customer husband signature-
Final Bill Total due 7667.00
Thank you
------------------------------------------------------------------
I have made 4 attempts to contact the home owner to try to fix any problems, (which I still don't know what they are) and each time all I get is that she did not hire me and that she has paid the builder in full and to stop herrassing her because she has already ordered new carpet to be installed by another company. We are willing to repair anything, but customer will not let us in the house or tell us what is wrong.
Now that was a long story to get to this question. Who is responsible for paying me? Will a Lien on the house at this point do anything for our cause?
More to the point, who will I be taking to court?
If you are still with me, I could really use some advise.
Thanks