Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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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.
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