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I paid a window company to clad my front window in February

 
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  • Answered by:LawyerProfessor
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Customer Question

I paid a window company to clad my front window in February and I was told it would be done in April.I have been calling since then and was told it would be done soon.Six weeks ago an installer came and took measurements and I havent heard back since. I have left messages but no reply. What can I do?

 

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Province/Territory relating to question: Manitoba

Already Tried:
telephone only

Submitted: 307 days and 1 hours ago.
Category: Canada Law
Value: CA$39
Status: CLOSED

Accepted Answer

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Expert:  LawyerProfessor replied 307 days and 1 hours ago.


LawyerProfessor :

Dear Sir or Madam,

LawyerProfessor :

Welcome to JustAnswer,

LawyerProfessor :

I am sorry you find yourself in this position and appreciate the frustration you are experiencing.

LawyerProfessor :

To begin, you should review any written agreements that you may have signed for the window supply and installation work.

LawyerProfessor :

It may state therein when delivery and installation was to occur.

LawyerProfessor :

If a particular date is provided, then you must follow this date.

LawyerProfessor :

If no date is provided, then the law would imply that the contract be completed in a reasonable time.

LawyerProfessor :
LawyerProfessor :

What is reasonable is a question of fact unique to each particular case.

LawyerProfessor :

However, from what you describe, it is pretty clear that three months after the promised delivery date is probably unreasonable.

LawyerProfessor :

So, the question becomes, what do you do at this point.

LawyerProfessor :

What you may consider doing is sending the company a letter in writing demanding that the product be delivered and installed by a certain date.

LawyerProfessor :
LawyerProfessor :

You can state in the letter that if they do not install by said date, you request all deposits or monies provided to be returned to you within 24 hours via certified funds.

LawyerProfessor :

If they do not make arrangement to install or to return your money, then your only option is to commence a proceeding against them in court.

LawyerProfessor :

Usually, if you send a letter demanding a resolution, however, they will make arrangements.

LawyerProfessor :

If they do not, however, you may want to retain a lawyer who can send a final demand letter to them in the hopes that they take a lawyers involvement more seriously and either deliver the product or return your money.

LawyerProfessor :

Hope this helps as a starting point.

LawyerProfessor :

Kindly accept so that I can be credited with the above assistance.

Customer :

Expert TypeLawyer
Category: Canada Law
Pos. Feedback: 95.4 %
Accepts: 823
Answered: 7/3/2012

Experience: Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

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