Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and thank you for the question.
You have a claim for breach of contract
If licensed, you may threaten to report to licensing board
and a complaint to the BBB and dept of consumer affairs.
You do not need it in writing
You can support the claim based on your discussions, anything else exchanged, monies paid, partial work performed
You may if needed proceed in small claims court and avoid hiring a lawyer.
Even if out of warranty, a claim on breach of contract, misrepresentation and unjust enrichment exists
Is the answer acceptable or can I clarify anything?
What about this contractor threatening a lien on property? I have since read reviews of his company where some complained about shoddy work and refused to pay. They were threatened with a lien on their property.
That threat is common and baseless
typically not filed
if filed, when you sue you would have the lien removed
the fact others complained is helpful
shows a pattern of conduct which a judge would take note as would the BBB
Most of his reviews however are favorable. Does it make sense to have contractor remove the work he did and replace the original parts he took off? And why do you say this is breech of contract?
The breach amounts from the misrepresentation about the pricing and any issues you have with the quality
the fact some have complained about work, shows there have been problems in past, and lend support that this is a problematic contractor
the focus though will be on your facts, and what was agreed to
typically such claims will settle
and you wont be pressed to prove the case
And no law exsists in Florida as in California for a signed work contract over $500?
Not in this situation
Also, what if contractor states he had the go ahead? My word against his? And what about the price gouging?
Courts would judge credibility
consider past performance
look at fair market value and business practices
and typically encourage settlement
given amounts involved
Should I have him remove, undo and replace what he did?
You can ask
You should have photos taken
to record the condition left
and your demands for compensation, removal
do them in writing
so you have records
I trust the answer is clear and acceptable
The condition left is perfect...it all works...but the point is I didn't authorize it, and if I knew it would cost, would have had pool store people do it for 1/4 the cost.
Courts would normally direct a settlement here. To permit no recovery, results in unjust enrichment
since work was fine
but since not authorized court would expect a large discount
it will typically seek to do equity balancing the benefit of the work versus lack of authority
Is that clear?
Ok, I guess I'll try a settlement for charges on Saturday (even though I still will be screwed on price), and if no settlement...off to small claims court, right?
what I would do in your place
Kindly click on an excellent rating for the answer
One last thing, if I find that the pump motor that he is returning on Saturday was not broken, doesn't that push this issue towards fraud?
If there was an intentional misrepresentation, then yes
but fraud much harder to show
given amounts involved, I would not press that theory
Ok, thanks for the help.