fence

[karin.o]

north carolina

i got estimates for a fence and went with/decided to use a small local co because the wife sold me on the fact the were a family run/oriented business etc.

i had advised the wife i did not know where one of my property markers is - she said no problem husband would find it

the company was to come out thursday & install the posts and return friday to pull the fence

well thursday they do show up but leave - my son who was at home at the time called me - i called the fence co & left message to call me at work - the fence co calls my home and leaves message with my son they can't locate property marker - i call the fence company back again and leave another message - they never return call - i fax the fence company copy of survey with note to please call - they have not returned any calls - it appears they have no intention of performing the work we agreed to

i'm furious as they have wasted my time and won't even acknowledge my calls/faxes - i assume i can consider the contract void but wonder if i could hold them to it - it may be crazy to want them to still do the job as they are obviously unreliable but i'm mad and want done what they said they would do - do i have any recourse?

karin.o

 

[JETX]

"i'm furious as they have wasted my time and won't even acknowledge my calls/faxes - i assume i can consider the contract void but wonder if i could hold them to it - it may be crazy to want them to still do the job as they are obviously unreliable but i'm mad and want done what they said they would do - do i have any recourse?"

Yes. Your recourse is to sue them. The problem is, is it worth it?? You can't use the Small Claims court to enforce 'specific performance' (to force them to comply with the contract), so you will have to sue in a higher court, with higher fees AND an attorney.

Or, if you go out and contract with another company for a higher price, you could sue in Small Claims for your damage, the exact cost difference between what you originally contracted for and the final price. However, to be successful, you will have to show the court that you really, really tried to work with the original contractor. This could be done by sending them a 'compliance demand letter'.

Reference your contract and the work that you expect them to perform in accordance with same. Close with a statement like, "In the event that you fail to complete this contract as agreed you will be in breach of the contract, and I will be forced to contract with someone else. You will be liable for any damages (extra cost) that I incur due to your breach and I will consider legal action to recover my damages." Send this letter by certified RRR or by FAX (with proof of delivery).