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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33757
Experience:  Attorney with 15 years experience in various consumer protection areas
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I hired a company to remove a washer/dryer unit. In the process

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I hired a company to remove a washer/dryer unit. In the process the vinyl floor covering in that room was ripped. The mover took pictures and sent them in to the local office right away. I called the local office and was offered a minimal amount of money for repair. I had the original installers of the flooring come out and give me an estimate for repair-- which was considerably more than offered by the hauling company. That company was supposed to get back to me "soon" but hasn't and the flooring company is ready to make repairs tomorrow.
Should I let them repair the flooring? Or wait until I hear from the hauling company?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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How long has it been since you last had contact with the moving company?
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Have you notified the movers about the cost of the estimate?
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How old is the vinyl?
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Are they talking about replacing the entire floor or just making some type of patch or repair?
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How much is the estimate?
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Thanks
Barrister
Customer: replied 3 years ago.
Hi Just talked to them a minute ago. They are adamant and will only give me $100 for the $365 repair job. The 8 yr old flooring is in excellent condition-- in a laundry room that does not get much traffic. The flooring company said that they could repair instead of replacing the whole thing.
Ok, this is the problem with the difference in estimates... When a court is determining what the value of a damaged item is, they have to take into account the depreciated value of that item to determine what its present value is. In most cases, courts will hold that things like vinyl and carpet have a 5-8 year depreciable life. If the vinyl is 8 years old, then you may have a hard time getting the court to award much in damages because they would likely rule that its depreciable life is either close to being exharusted or has been already.
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With that said, if you were to go ahead and file suit in small claims court, it is very likely that the movers would just agree to settle the case with you rather than have to be dragged into court where they might lose if the judge doesn't inquire into the age of the vinyl.
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So if it were me, I would tell them that you will just go ahead and file suit for breach of contract and let a judge determine how much they have to pay. That may get them to agree right then on some settlement so you wouldn't even have to file.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 3 years ago.
Thank you. This was the advice that I needed.
You are very welcome. Glad I could help.
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Thanks.
Barrister
Customer: replied 3 years ago.
One more question on this: in the future should something like his happen again, should I pay for the service? My thinking was that they did do what they said that they would do-- remove the washer/dryer, so I paid them for that. I saw the flooring as a separate issue. Was that thinking wrong?
No, you are correct. They did the job that they were paid to do, they just were a little negligent when they did it so would have to pay for the cost of any repair.
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Thanks
Barrister
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Barrister and other Consumer Protection Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you, again!

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