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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41221
Experience:  Run my own successful business/contract law practice.
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My basement was damaged in February due to frozen pipe. One

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My basement was damaged in February due to frozen pipe. One young man wanted to repair basement (375 sq.ft) : to install and paint new sheetrock, in adjacent ( 100 sq.ft.) room to install studs + sheetrock + day-light lamp on the ceiling, and in very tiny storage place ( 5 x 6 ft.) I wanted to cover dirt with cement. I estimated the similar job’s cost on Home Improvement forum and agree to pay $1,300-00 for the work. I was supposed to buy all material and some instruments. I have spend another $1,400-00 at Lowes . This gentleman told that he is going to work with his friend and they would complete the job within 2 weeks, and it would be even less money for me if I pay them $25-00 per hour. I asked them about the insurance and they said they have it. Rick explained me in details about the plumbing/ac classes or courses he completed and passed his certification exam online. Their work lasted 5 weeks or may be more. They were alone at home because I was at my work, and it was impossible for me to know the actual time they were working or not. Rick was doing something in the basement, and suddenly water stopped running on the second floor; he was trying to repair it, but could not do it. Then I discovered that my new video camera disappeared , and I was very unhappy and went to the county ‘ Sheriff Office. Then I learned that they do not have insurance at all, and Rick had never had any plumbing/ac license. I asked them not to come to my house anymore. I paid $100-00 for the construction derby removal, and I paid $140-00 for the plumber to repair the water problem on the second floor ( even cold/hot water connections were connected wrong, and hot water was flushing into the toilette’ bowl. ) I asked for the licensed electrician to come and check what was done, because Rick installed the baseboard heater in the basement and was working with lamp’s connection . The electrician found a lot of mistakes, including bare wire left, what was as he said, very dangerous. He said that their work was violation of state code. His estimation for the repair is $800-00, and I want this to be done, of course.
Now I have a letter from this Rick. He demands more money because as he said they spent more hours. He also wants $1,300-00 for the tools he left in my basement. I remember that he took everything, and I haven’t seen any tools at all. It looks like he took even what I bought. It is not the end of the story. I decided to check the browser history of my computer because the history was deleted . It was very difficult and time consuming but I successfully retrieved the browser history of my PC for the period when they were working in my house. I discovered that my computer was used a lot during day time when I was at work, and they were at my house. Most painful for me is the fact, that my computer was used to visit very violent, sadistic and disgusting porno-sides. I have never seen anything like that what I saw on my own computer when I retrieved all this sh-t. It is very difficult to restore deleted history, and I managed to check three days so far. Febr,17, 18,19. With horror I looked at children’s in sexual activity, girls and boys. I retrieved this from my hard drive. You can not erase anything from hard drive, it means it will stay on my computer as long as I have it. This information is so painful for me because I am a public school teacher. I admire kids and my work. I am children’s protector, and I think it is violation of law the law to have such material on PC. What to do? I do not want to lose my job because of their criminal activity. Please, advice me.
You have a lot of issues in your concern. I will address the breach of contract.

If you are spending a lot of money due to their negligence and incompetence, then you can remove the fees from their pay. For example, let's assume they earned $1000.00 (that you agreed to) for fixing your plumbing, and that was done in an incorrect, dangerous, or negligent fashion. To fix their mistakes, you went ahead and hired a plumber for $800.00. When you pay them, you only owe them $200.00 because the value of their work is based on what you had to do to fix it. On the other hand, if you had to pay $1,500.00 to fix their mistakes, then you can bring suit against them for the extra $500.00 because you would not have had those damages but for their negligence and incompetence.

In other words, any extra fees/costs that you had, you can assess it against their final bill.

As for their alleged criminal activity (thefts, pornography, etc...) I suggest you file a formal criminal complaint. It may be a good idea to proactively contact your teacher's union in strict confidentiality, and speak to one of their counsel. Explain the problem with the pornography and ask them as to how best to proceed. Because attorneys are governed by a strict code of confidentiality, anything you say to them will be protected. If, somehow, that information leaks out, you can sue the attorney for damages, as well as go through the local bar to have him be censured, suspended, or even dis-barred--so most attorneys will not take the chance.

I hope I was able to answer your questions,

Sincerely,

Dimitry Alexander Kaplun, Esq.
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