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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53954
Experience:  Practicing lawyer for 31 years
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We had hired a flooring company to help us with removal of

Customer Question

Hello, We had hired a flooring company to help us with removal of old floors and installing new floors. They only removed old floors that too not a 100% and created a lot of garbage (approx. 30 bags). They then left the work and breached the contract. They had charged us 50% upfront. They agreed to refund us the one time we got hold of them and now they have been unreachable and they havent refunded our money. What can we do to get our refund from them? Given that our current place is not livable due to the mess they created. Thanks.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 2 months ago.

Good evening. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 2 months ago.

Yes, you absolutely have recourse here. What you want to do is raise the stakes on them. First, get an estimate from another contractor for the cost to complete the job, including any remediation due to the substandard work done to date. Then, send the existing contractor a certified, return receipt requested letter detailing the history and terminate the contract and demand they pay you what it will cost you to have the other contractor finish the job properly since you no longer have confidence in them. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file the suit you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the judgments being on the record.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  insearchoftheanswer replied 2 months ago.

I just wanted to let you know that I will be logging off for the evening. Should you have a follow up while I’m away, I will address it immediately upon my return in the morning. Thank you in advance for your patience. I apologize for any inconvenience.

Customer: replied 2 months ago.
Thanks Richard. So would you be able to help me draft the letter?
Customer: replied 2 months ago.
Also if I have email evidence does that not count?
Expert:  insearchoftheanswer replied 2 months ago.

Good morning. Yes, email evidence will be sufficient. I will be happy to draft a template of this letter for you; I can do that for you through the Premium Services option offered by JustAnswer. I'll extend that offer now and you can then decide whether or not to accept. You should receive the offer shortly.