INFOLAWYER : Hello and thank you for the question.
INFOLAWYER : You could seek compensation from the original company
INFOLAWYER : claiming defective installation/product
INFOLAWYER : you can negotiate for some credit or repair work
INFOLAWYER : the problem is that since it dates back 7 years
INFOLAWYER : a lawsuit would face a statute of limitations defense
INFOLAWYER : but you may complain to try to get a credit on account and repair done
INFOLAWYER : Alternatively, you would complain to the BBB and dept of consumer affairs.
INFOLAWYER : Third option is to seek repair work now from a third party as you are doing
INFOLAWYER : and seek with accountant to get deductions for costs.
INFOLAWYER : Is the answer clear?
Customer: Yes, but how would I get a hold of someone from the original company when they aren't there anymore-would that be through BBB?
INFOLAWYER : and the dept of consumer affairs
INFOLAWYER : is the company in business?
INFOLAWYER : if out of business
INFOLAWYER : and I see now they are
INFOLAWYER : from your question
INFOLAWYER : it would not be possible to pursue
INFOLAWYER : unless the company was not incorporated
INFOLAWYER : then you can pursue the owners
INFOLAWYER : if an organized business and closed, you wont be able to pursue them
Customer: So it sounds like I'm paying again for posts that should have lasted a very long time, correct, since the original company is out of business and I'm pretty sure it was incorporated.
INFOLAWYER : Yes
INFOLAWYER : You can try to find the owners
INFOLAWYER : but to get to the owners you have to argue fraud
INFOLAWYER : and that corpration was a mere shell entity
INFOLAWYER : that is very hard to prove
INFOLAWYER : and especially given this goes back 7 years
INFOLAWYER : and has a statute of limitations defense
Customer: From what the other fence company said, it was just about the time mine was installed that companies were realizing there was a problem. If I'd designed them, I would have figured out the vinyl was too smooth if I knew how concrete worked-someone didn't test these things before they put them up. CRAP!
INFOLAWYER : You can try the BBB and consumer affairs
INFOLAWYER : nothing to lose
INFOLAWYER : but when company closes
INFOLAWYER : there is usually not much that can be done
INFOLAWYER : I am sorry
INFOLAWYER : No use spending time and money on lawyers if unlikely to recover
Customer: Thanks for the advice-now I know.
INFOLAWYER : Take care