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Tina
Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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Contacted with Home Depot refacing. The brochure

Customer Question

Contacted with Home Depot for cabinet refacing. The brochure shows a feature they could not do in part. This was to be a one week process. It took 5 months. Due to their incompetence and delays I was having to take care of a 20 month old with only a microwave in the garage for months. They were at my house on the day before Thanksgiving until 5 pm. Yes, I had family coming. We had to take them out. It was a total nightmare. They finally agreed to let an independent contractor complete the job and after 6 weeks delay provided them the wood to do it. That was March 28 Now it has been two months and that person is telling us they have not been paid. We feel we should be compensated for all the delay and inconvenience and failure to complete job in a week. The vent hood was ordered by them 3 times trying to get it the right dimensions only to tell me in November that the hood I had purchased was too big and would never fit. They had the specs on this hood August 3 long before I purchased it! This cabinet work, on sale was over $30,000. We have been told by no less than 5 contractors that we could have had this done for half the price. Do we have any recourse or can they just do this?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Tina replied 2 years ago.
Hello and welcome.
My name is ***** ***** my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Have you paid more costs than originally agreed to in your contract? Were the additional costs, if any, a result of the company's failures/mistakes/delays?
I look forward to assisting you as soon as I have received this information. Thank you.
Customer: replied 2 years ago.
No additional money to them unless we have to pay the vendor they have failed to pay. This man has 35 years of cabinet experience. He knew how to fix a problem but he couldn't get them to understand it in 2 phone conversations. He did this as a favor to us so we could get the backsplash etc done. Our costs were from eating out due to cabinet delays and inability ti install appliances back in October and November.
Expert:  Tina replied 2 years ago.
I see. Thank you for sharing this additional information. It sounds like a real nightmare.
If you terminate the agreement now due to the seller's breach, you could typically pursue damages you have incurred as a result of their breach, including any costs you incur over and above the originally agreed to price. You should provide notice of termination due to their breach in writing (E-mail/certified mail/fax), so you have proof that it was received by them.
"Inconvenience" is not typically a type of damage you can pursue in a breach of contract claim and I would expect such a large company to further limit your remedies by the contractual language. If you do intend to pursue damages against the company, it would be best to have a local attorney review your contract and determine more precisely what damages you may pursue.
Here is a link which provides information on the types of damages which may be available under CA law:
http://litigation.lawyers.com/blogs/archives/29563-what-are-breach-of-contract-damages-in-california.html
I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!
Tina

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