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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37476
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I searched internet for an electrical contractor.Got Beever

Resolved Question:

I searched internet for an electrical contractor.Got Beever Mech Serv.,to check wiring inside of my home,and to check why my newly installed ceiling fan was tripping the breaker box causing my frig and microwave oven to shut off.Contractor came in did a partial assessment(which I did not know @the time),and stated that I needed a "new breaker box" installed.He asked for $1000 up front to obtain equip,w/balance left over for install.He came this past Fri 5/3/13,w/ new box but did not install,went outside near meter doing "another assessment",stated that I needed another piece of equip,near meter box asked for another $1000,for that piece of equip.Total paid $2000.Don't feel comfortable having guy doing my work,can I can get my money back(he did not even install breaker box).1st saw/spoke w/him this last Monday April 29.Pls respond
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that you feel that you do not trust this person. Did you ever sign anything? Also, did you ever have anyone else review your property and assess damages? In other words, did you ever obtain a second opinion?
Customer: replied 1 year ago.


Call my naive,but did not have another assessment."Signed" a company paper listing what needed to be done,cost amt,date to start,what was needed up front as to amt,and balance left over.Contracter "scribled"all over form and gave me the original copy(white),he kept yellow form-this all for the "intial assessment",when he came on 5/3-date to start the job,he did another assessment where he said I need another piece of equipment.He asked me for my white copy for,he proceeded to write amt for that job on the back of white copy,which he left with,did not realize that he left with my copy.

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Mary Ann.

Ugh, I would suggest you get someone else to at least evaluate the problems to see if the analysis of your issues is valid. Typically a review may not always find all issues up-front, but the substantial increase is definitely worrisome. Once you sign, the contract is binding and valid unless the contract language itself has a clause or condition allowing the parties to walk away. Similarly there may be a time period under state law permitting you to change your mind if this was a solicitation. But as you contacted him, those laws would not govern and the language of the agreement would bind you instead. The reason I suggested a second evaluation is because if you can prove that he is simply creating false charges and is trying to increase the costs, then you can claim that the contract was signed in 'bad faith'', that he is attempting to defraud you, and that therefore you aren't bound as he has misrepresented the actual needs of the agreement to you. Short of that, however, the agreement would be valid and binding against you.

Hope that helps.

Customer: replied 1 year ago.


Thank you for advice.If I get 2 other evaluations,that might be different from the contractor's assessment,w/ less cost(and prove that he acted in bad faith).How would I proceed from there as I never had this happen before.Plus if I choose not to have him do the work can he not just keep the breaker box I bought,and the other material as well in refund for my $2000

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Mary Ann. Truly glad to help and am happy to provide you with useful information.

The next step, if the new evaluations are 'substantially different' is to inform the contractor in writing that you believe he is acting in bad faith and that on those grounds you are canceling your agreement. He would have to return to you any deposit minus any of his reasonable expenses that he incurred in anticipation of performing this work for you. Any materials that he bought and did not use he will have to return back to you as well.

Hope that helps.

Customer: replied 1 year ago.


While you were responding to my last enquiry,contractor called me on my cell phone.I assumed he was responding to my compliant that I relayed to HomeAdvisor customer solution call that I had made earlier in the day relaying my frustrations w/him.Apparently they call him,regarding my concerns.Contractor stated that "he is upfront and honest",and pretty much stated that he is "reliable".Stated that he would come out @0800hrs on 5/8/13.Stated that he had to call the electric company and the the "permit "for the job has already been pulled for job,since the county I live in (Lexington county,S.C.),required such thru the power company (MidCarolina Electric Co-ops).Contractor stated "no" futher charges would come,but,he had a "but' to that statement,that if the county states that I need new "wires ",(he used another term,just can't recall),that run from breaker box to meter box on the outside,that I would have to have them changed to prevent a fire.He made if seem that I could not get another assessment,and that too much time had elapsed and that "everything already in process",to get another assessment.Pls respond.

Expert:  Dimitry K., Esq. replied 1 year ago.

Mary Ann.

You are always able to obtain another review. Any professional in the area can do so. What he stated about wiring happens to be accurate, but if he was pushing you to not get a second opinion, that is not accurate since you are always able to have someone else review the assessment for you.

Good luck and be well!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37476
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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