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Summoned to court over a job estimate, but we never did the work

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convextech

Junior Member
Summoned to court over a job estimate



My husband owns a small HVACR company in Georgia, just him and two other guys, plus our daughter as

the office manager. We mostly do commercial work.



A couple months ago, we got a service call to check a local restaurant, one of their units was down.

One of our guys checked it out and thought the main board was bad. My husband came over to

look at it to make sure that's what it was, because they are fairly expensive. Power was going into

the board but not coming back out. They checked all the plugs, etc. Since the restaurant had six

units, they took the board off one of the other working units, and switched it with the suspected bad

board, and sure enough, looks like main board is bad.



That afternoon we quoted him a price for the new main board and labor, but he thought it was too

high for a unit that old. We then offered to sell him an older board from a unit we were about to

scrap, but then the guy just wanted to buy it from us and do the installation himself. We told him

no (We don't do that because if it's done wrong, they could blame us, they could ruin the part, etc.).

So he said fine, he was going to call a rival HVACR company and we left it at that. We never heard

back from the guy.



Well, we just got served with a summons!



This clown is saying that we were trying to defraud him by charging him for a main board when

the board wasn't bad to begin with. We read through his statement and he claims he called the

competitor and when they came out they said the board wasn't bad at all, that one plug wasn't

connected and the power was off to that unit and that was all.



Here's the kicker: The owner waited TWELVE DAYS to bring in the other company to fix it, but

now he is claiming he lost revenue from customers being too hot to stay in the restaurant, so he is

suing us for that!



What?! How is that our fault that he waited that damn long to get it fixed!



We are now thinking it took him that long to find a cheap main board somewhere, and that he

tried to do it himself, and when it didn't work, he had to call in a professional.



I wasn't worried about this at first; I felt that the judge will just throw the case out, but you never

know how this kind of thing will turn out, and he owns several restaurants in the area. I don't know

if he serves on any boards in town or "knows people" or what.



Has anybody else had an experience like this? What did you do? What was the outcome?
 


Mass_Shyster

Senior Member
Summoned to court over a job estimate


My husband owns a small HVACR company in Georgia, just him and two other guys, plus our daughter as the office manager. We mostly do commercial work.

A couple months ago, we got a service call to check a local restaurant, one of their units was down. One of our guys checked it out and thought the main board was bad. My husband came over to look at it to make sure that's what it was, because they are fairly expensive. Power was going into the board but not coming back out. They checked all the plugs, etc. Since the restaurant had six units, they took the board off one of the other working units, and switched it with the suspected bad board, and sure enough, looks like main board is bad.

That afternoon we quoted him a price for the new main board and labor, but he thought it was too high for a unit that old. We then offered to sell him an older board from a unit we were about to scrap, but then the guy just wanted to buy it from us and do the installation himself. We told him no (We don't do that because if it's done wrong, they could blame us, they could ruin the part, etc.).

So he said fine, he was going to call a rival HVACR company and we left it at that. We never heard back from the guy.

Well, we just got served with a summons!

This clown is saying that we were trying to defraud him by charging him for a main board when the board wasn't bad to begin with. We read through his statement and he claims he called the competitor and when they came out they said the board wasn't bad at all, that one plug wasn't connected and the power was off to that unit and that was all.

Here's the kicker: The owner waited TWELVE DAYS to bring in the other company to fix it, but now he is claiming he lost revenue from customers being too hot to stay in the restaurant, so he is suing us for that!

What?! How is that our fault that he waited that damn long to get it fixed!

We are now thinking it took him that long to find a cheap main board somewhere, and that he tried to do it himself, and when it didn't work, he had to call in a professional.

I wasn't worried about this at first; I felt that the judge will just throw the case out, but you never know how this kind of thing will turn out, and he owns several restaurants in the area. I don't know if he serves on any boards in town or "knows people" or what.

Has anybody else had an experience like this? What did you do? What was the outcome?
Don't ignore the summons, or any followup paperwork. One sure-fire way to win a lawsuit is if the other side doesn't show up, or misses an important filing or hearing.

If you can PROVE that he misrepresented the facts, you may be able to counter-claim for legal fees. Getting a subpoena for all of his credit card purchases may show he purchased the board elsewhere, which would go a long way proving your theory.

You should contact an attorney to review your case.
 

LdiJ

Senior Member
Don't ignore the summons, or any followup paperwork. One sure-fire way to win a lawsuit is if the other side doesn't show up, or misses an important filing or hearing.

If you can PROVE that he misrepresented the facts, you may be able to counter-claim for legal fees. Getting a subpoena for all of his credit card purchases may show he purchased the board elsewhere, which would go a long way proving your theory.

You should contact an attorney to review your case.
While I do not disagree with this, I am not sure that its necessary to take it that far. This is a pretty frivolous suit. The restaurant called them for a repair quote. They gave their opinion of what was wrong and gave several different options with quotes. The restaurant opted not to use their services.

They had no control of how long someone else took to make the repairs...or how soon the restaurant called someone else in.
 

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