IF SOMEONE PROVIDES A SERVICE UNDER A CONTRACT AND THE SERVICE IS NOT UP TO STANDARD, DO WE HAVE A RIGHT UNDER LAW TO SEEK COMPENSATION OR REPAIR OF THE SAID SERVICE. THE PERSON WE PAID WAS THE CONTRACTOR AND HE SUBBED OUT THE WORK AND WAS NOT PERFORMED TO THE STANDARD OF WHAT WE PAID FOR.
Hello,What type of service did you purchase?.Why is it substandard?.Do you have a written contract?.
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WE HAD A POOL PUT IN. WE PAID THE POOL CONTRACTOR A FLAT PRICE FOR THE POOL WHICH INCLUDED EVERYTHING BUT WATER AND ELECTRIC... WE WERE UNDER A WRITTEN CONTRACT. THE PRICE WE PAID WAS TO INCLUDE THE COST OF A CERTAIN AMOUNT OF CONCRETE. WE ALSO PAID EXTRA MONEY TO THE CONTRACTOR FOR ADDITIONAL SIDEWALKS. THE CONCRETE THAT WAS POURED DID EQUAL THE AMOUNT SPECIFIED IN CONTRACT BUT 2 DAYS AFTER POURING MUD STARTING COMING THROUGH TO THE TOP AND THE FINISH IS WAY TOO ROUGH NOT TO MENTION THAT THEY CUT OUR COPING ON THE POOL WITH THEIR SAW AND BUSTED A CLIP OFF OF THE COPING BY PUSHING CONCRETE TOO FAR IN AT STEPS.. CLIP WILL NO LONGER FIT. NOW THERE ARE MORE MUD PLACES COMING THROUGH IN OTHER PLACES. WE DONT FEEL LIKE WE GOT WHAT WE PAID FOR. WE ALSO FOUND OUT AFTER THE FACT THAT THEY WERE DONE IN ABOUT 3 HOURS. THAT JOB ACCORDING TO TWO OTHER CONCRETE COMPANIES SHOULD HAVE TAKEN ALL DAY... WE FEEL LIKE THEY HURRIED TO GET THROUGH BECAUSE THEY WERE RUNNING BEHIND AND DID A SUBSTANDARD JOB... WE HAVE GOTTEN ESTIMATES TO FIX IN THE AMOUNT OF 3.00 PER SQUARE FOOT. WE HAVE A BOUT 1100 SQUARE FEET. AROUND 3500 DOLLARS. SPOKE WITH CONTRACTOR SEVERAL TIMES WITH NO RESULT. HE JUST SAYS THAT THERE IS NOTHING WRONG WITH IT.. WE HAVE PICTURES OF ALL THE PLACES THAT ARE SUBSTANDARD. ANY HELP APPRECIATED
Ok, this sounds like you would have a "breach of contract" claim based on the "implied warranty of workmanlike quality". This means that the construction must be of such a quality that would conform to normal standards of similarly constructed items. .So in this case, your recourse would be to file suit for breach of contract due to the substandard work and any damages they caused. You would need to present your estimates for the repair work along with any statements from the other contractors as to what was done incorrectly and how it should be corrected..The limit in NC small claims court is $5,000, attorneys are not necessary and you can recover court costs as well. The court clerk will have all the forms necessary to file suit..This is a link to a simple guide to small claims court in NC:.http://www.legalaidnc.org/public/Learn/publications/Small_Claims_Court/default.aspx.
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