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Can I repair damages done before going to small claims court?

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Jany

Junior Member
What is the name of your state? Colorado

My husband and I hired Home Depot to remodel our kitchen. We wanted our cabinets refaced, tiled removed, and counters replaced. Upon the advice of the cabinet contractor we had the cabinets refaced first. As a result when the tile was removed the cabinets were damaged.

The contractor that removed the tile did such a shoddy job that you can see water pipes, insulation, framing into the next room, exposed wires and hot wires. It wasn't until a piece of saran wrap brushed against this destroyed outlet and sparks flew that I noticed that the outlet was damaged and the wires were hot! (This is just a small part of what we have been going through in our dealings with Home Depot since March 25)

I have filed a complaint with Colorado's State District Attorney and have been in contact with Call For Action for advice. I have also done extensive research in preparation for small claims court. There are a few questions I am not able to find answers too, however.

I feel my kitchen is an unhealthy and unsafe environment for my family and myself. My main question at this time is, if we pay to have repairs done (I should note that I have pictures and I could probably get the written testimony of a contractor) could we still proceed with a claim against Home Depot in small claims court. This process seems to be takins so long and every day I have to wipe away particles of my crumbling wall!

I am concerned that the longer we wait the more damage there will be. If you accidentally brush against the wall there is a risk that a hunk of the wall will fall off.

I will appreciate any help you can offer.
This whole ordeal has been most distressing resulting in many sleepless nights!
Thank-you!
Jany
 


teflon_jones

Senior Member
You can go ahead and get the damages repaired. I'd hire an independent 3rd party contractor to come in and assess it, plus have the contractor that will actually be doing the work do the same. Get written statements from both of them as to the extent of the damages and take a lot of pictures.
 

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