Refusal to Repair

[karank]

Nebraska -- I hired a man to do some repair work on my house. The invoice he gave me was from a company he was not working for at the time, he just crossed out the company info on it. On the invoice he marked a box stating that there was a 3 yr. warranty on the workmanship. I now need him to come fix what he has already done and can't get him to return my calls. On several occasions he has stated he would be over in a certain number of days, but he does not call nor does he show. It seems to me that he is failing to live up the warranty I was given. Can I sue him in small claims court to recover the original $$ paid to him?

 

[JETX]

No.

However, you can sue him for the cost that you incur in getting the warranty work done by someone else. Lets say he did $1500 worth of work and the warranty work will only cost $100. You can sue for the $100, since you will now be 'whole' with the paid value of work.