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Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24869
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I contracted with a small concrete company to refurbish our

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I contracted with a small concrete company to refurbish our around the pool concrete patio which had faded and the sealant was gone. We got a bid from the company we went with to do the job for $5000 and he told us the work he would do would last 5 years or longer. He did the job last summer, July 2012 or so. We called him this spring, May 2013 to let him know that the work he did did not hold and the pool decking looks just as it had before he did his work. He said he was super busy over the summer but would get to us this fall. I just contacted him, Nov. 13, and he again told me he is super busy through Feb. 2014. How can I get my money back for this poor job? Do I have any rights?
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Did he give this "warranty" in writing to you?

Customer: replied 3 years ago.

No

Do you have a receipt for what you paid him for the job?
Customer: replied 3 years ago.

I can check my files. Not sure.

Cancelled check?

You didn't pay them/him cash did you?

Customer: replied 3 years ago.

No, not in cash. I do have the bill. I can go back in my checking and I'm sure I can find the payment.

OK, good.

What you are going to have to do is get another company to come out and look at their services performed and give you an estimate to correct their poor workmanship.

That you need this second company to state that the first company did a poor job and why - poor workmanship or poor products - whatever in their professional expert opinion.


Then once you get that estimate you send the first company a letter of demand asking for that amount.

Give them 30 days.

If they refuse or do nothing - then you file suit in small claims court taking the second company with you (usually they just have to give you an affidavit and their estimate which is enough for small claims court judge).

That is how you have to proceed.

Yes, they are in breach of their verbal warranty too - you would also tell that to the judge.


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