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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 111573
Experience:  Attorney experienced in commercial litigation.
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We red a contractor to repair our fireplace after we had a

Customer Question

We hired a contractor to repair our fireplace after we had a fire. He took all of our insurance money and put in a new liner that is too small according to our Township Fire Marshall. The Fire Marshall forbid us to use it because it is so dangerous. The house fills with smoke if we attempt to light a fire. We hired an attorney to sue him. In addition to the small liner, he cut a hole in the brick which allowed squirrels to move in. It cost us $350. x 6 to catch and remove six squirrels. Our lawyer was unable to find the contractor to serve him with papers. Our fireplace has been unusable and covered for several years. I just read an article in the paper about the Pennsylvania Home Improvement Contractor law. Can this law help us? We can't afford to fix the fireplace since my husband and me are on disability and raising our granddaughter since our son passed away when he was 29 years old and he had custody of her. We are desperate for help. We can't even sell our house in this condition. Can you help us?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Is he a licensed and registered contractor? Check at http://www.portal.state.pa.us/portal/server.pt/community/uniform_construction_code/10524/contractor_licensing/553817. IF he is then you attorney can sue him and serve him through the licensing board if they cannot find him to serve him personally.
You will have to serve him though or serve him through the board to get a judgment and if he has violated the PA Home Improvement Act, which it seems he has, then he has also committed an unfair and deceptive practice and as such you can seek up to triple damages plus attorney's fees.
So you need to go back to a local attorney, get them to try to locate him through the contractor's board if he is a licensed contractor you will be able to find him and serve him through there and pursue your claim.

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