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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26834
Experience:  16 yrs. of trial experience
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Hello, I believe that I need to obtain a lawyer but I am not

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Hello, I believe that I need to obtain a lawyer but I am not sure as in what type of lawyer I need to obtain. My situation is this, in 2011 I purchased three types of doors from Home Depot that they then contracted out to be installed. I purchased a side door, an entry door with side light and french patio doors all from the same manufactor Feather River. They all were installed April of 2011. As time pasted the french doors began to leak. So much that there was water running in my basement beneath the doors and starting to damage my hardwood floors. We contacted them, they then sent out a different installer in dec 2011 who then repulled the whole unit and doors and reinstalled it. Also durning this time it was noted that our front door was not measured right and the wrong size was installed for that doorway. A little time had past and the french doors began to leak again and not a dripping leak. We contacted them again and they then in turned sent out a representative from the door manufacture to see if it is a product default. I was told by this rep. that he believes that it is an installation error and that it was not installed correctly. This was April of this year. Now just this past Friday Home depot sent out again the installer where as to they then took out the complete unit ripped up some of my hardwood floor and molding off my wall as to try to see the damage that we have been numerously been calling to tell them. The sub flooring under my hardwood floor and basement, also the bottom of my wall (drywall) that is by the frame of the door is saturated with water and black mold. So here is the problem they are not addressing any of our issues they all are playing the blame game all awhile I have no doors at all they took them then nailed up my patio entrance with plywood and leaving without doing anything about the expose black mold cause of my hardwood floor being pulled up around the door exposing it to my children and everyone else in the house! I and my husband have been in contact with several different people from home depot and the manufacture and we are getting the run around. With calls not being returned to let me speak with my manager. They will not give me a copy of my file with all the reports and complains from us and what was to be done to try and fix it. Any help would be appreciated. Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Can you tell me

1. Have you been dealing with the same Home Depot store the entire time?

2. Can you tell me, how much money are you into this so far?
Customer: replied 1 year ago.


Yes I have been dealing with the same store. I am not sure how much, The doors were around 7,000. My floors cost I believe 2,000 to be refinished ( which was done before the doors) and I honestly could not tell you what it is going to cost for the damage to the floor and wall. Causes you can actually put your finger throught the floor and they did put their finger throught the wall. So now there is a hole to where they did that cause of it being so wet it fell apart. And not to mention the painter I had paid to paint my walls. But I can't believe they thought that it would be ok to just leave all that mold exposed

Expert:  P. Simmons replied 1 year ago.
Thank you Ma'am

I ask about who you are dealing with since that will dictate how you need to proceed if you are forced to sue them to recover for your losses.

Lets start with some background information

The first is the statute of limitations. Under PA law there is a 4 year statue of limitations to file a breach of contract claim. So if this started in 2011 you still have plenty of time under the statute of limitations.

But the next issue to consider is venue...where would you bring this case (if you had to sue). Under PA law you can sue in small claims (they call it Magisterial court in PA) for up to $8K. So if you can settle for that amount...or if the total claim is that amount or less? Then you can bring this in small claims and save the cost of a lawyer.

Small claims is the "everyman's court"...the formal rules of evidence and procedure do not apply. SO you can truly "do it yourself". Of course you have to do the work (as opposed to having a lawyer do it for you) But since in most cases you can not sue for lawyers fees, it makes sense to keep it in small claims if you can

SO, lets talk about your "damages"

Under the law, you can sue for "reasonably foreseeable damages"...what that means is that you can sue for the costs that are reasonably foreseeable based on the breach.

SO, in your case, say you have to hire a contractor to come out and fix this mess created by the prior contractors? And say that cost is $5K? Then that is what your damages are...that is what you can sue for.

i would have a couple of local contractors (not home depot) come out and give a bid to fix this mess (including remediating the mold). Then tell home depot to fix it or you will sue...if they can not or will not, then sue them, if possible in magisterial court.

Let me know if you have more questions...happy to assist if I can
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26834
Experience: 16 yrs. of trial experience
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