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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7406
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I purchased all the material so that my contractor could

Customer Question

I purchased all the material so that my contractor could renovate my bathroom. His worker put to much grout on the wall. I don't like how it came out .So I told him he has to do wall over .He told me I have to purchase more material and he won't charge me for the labor .Meanwhile I also owes him a balance he want me to pay him first ,before he can start all over again . Should I pay Him first or hold his balance until he start the work .I feel he'll not gonna come back and do it over . Im lost what should I do ? Thanks in Advance
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this for you.

Expert:  LegalGems replied 1 year ago.

When parties enter into a contract (whether written or oral) the work must be performed in a satisfactory manner. If the performing party fails to do so, they can be liable for the cost of repairing the work-including materials (as additional materials would not be required had the work been performed competently). The measure of damages is the cost of repair, as these are considered economic damages. The court will not allow for additional damages (emotional stress, time off work to deal with the issue etc). If payment is made up front, there is no guarantee that the work will be rectified. In NY, a contractor is not required, on a state level, to have a license; however, local areas regulate their contractors. If the perfoming party fails to rectify the situation, an estimate can be obtained by a third party professional, and this can be used to determine damages should a lawsuit prove necessary. One moment please.

Expert:  LegalGems replied 1 year ago.

Small claims court is appropriate for claims under $5,000. please see: https://www.nycourts.gov/courts/10jd/suffolk/dist/smallclaimsbook.shtml#WHO_CAN_USE_SMALL_CLAIMS

Expert:  LegalGems replied 1 year ago.

Free mediation is offered here: http://www.ag.ny.gov/consumer-frauds/Filing-a-Consumer-Complaint

Expert:  LegalGems replied 1 year ago.

Sample complaint letter that can be revised for use in NY: http://consumer.georgia.gov/consumer-services/sample-complaint-letter-to-send-to-a-business

Expert:  LegalGems replied 1 year ago.

Did you have any questions on the above?

Expert:  LegalGems replied 1 year ago.

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