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Company wants to enforce contract after 1 year of inactivity

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E

edtoss

Guest
I signed a contract in February, 2000, to have an alarm system installed in my new house, then monitored for 3 years. The alarm company partially installed the system (wiring, keypad, control panel), but did not complete the job (not wired to electrical or phone line, not enabled, etc.).

After moving into the house in April 2000, I called the Alarm company salesman to arrange a time to complete the job and activate the alarm. He never returned my phone call. I left two more messages (one on the company's automated system, one with the receptionist) over the next month, but never received a return phone call. I then arranged installation and monitoring of a new alarm system with a different company.

Over a year later (June 2001) a representative of the first alarm company sent us a certified letter stating that we still had a valid contract, and that they would bill us for outstanding charges and start billing us for the monthly monitoring charge. I spoke to this person once, he is speaking to the General Manager about the situation, then calling me back.

My questions are: Is this contract still valid after they ignored the contract and my phone calls for over a year? My assumption is they will send a bill(s), then second notice, then collection agency, then possibly sue. Do you think they would win in court, that I would win, or should I try settling for a small charge (<$100)? If they threaten legal action, should I act first and sue them in Small Claims Court? Re-reading the contract, it states that "work is to be performed in a workmanlike manner." I feel this is my best legal shot at getting the contract declared null-and-void. In my opinion, not completing the job and not returning phone calls is not a "workmanlike manner."

Also, I am listed as Customer One and my wife as Customer Two. However, only I signed the contract. Is the contract binding or did we both have to sign?

Finally, the contract states that it is not valid until endorsed by an official company representative. I assume the ocr signed their copy, but not ours.

This is in Maryland. Any advice is appreciated. Thank you.



 



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