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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11845
Experience:  19 Years of Legal Practice Experience in this precise field.
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i am a small business owner...floor coverings..i made an error

Customer Question

i am a small business owner...floor coverings..i made an error in installing the homeowners hardwood flooring, and have said i would replace the floor at my expense. i have agreed on the larger part of the dollar amount he has asked for, but i do not agree with a smaller amount he has included in his request. can i take to small claims and ask that i not pay this additional amount, $ 700.00. the total amount the homeowner is asking is a little more than $ 13,000.00. in my opinion the homeowner is just controlling and getting a a little greedy in his requests for the additional $ 700.00 and is almost " defying " me not to agree to this unwarrented amount. ( my opinion).
also, if he consults or brings with him to court,an attorney, and the court rules in his favor, am i responsible the his attorney fees ?
Submitted: 1 year ago.
Category: Legal
Expert:  Alexia Esq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing law for 19+ years and look forward to assisting you.

i am a small business owner...floor coverings..i made an error in installing the homeowners hardwood flooring, and have said i would replace the floor at my expense. OK.

 

i have agreed on the larger part of the dollar amount he has asked for, but i do not agree with a smaller amount he has included in his request.Can you clarify what these "requests" are? can i take to small claims and ask that i not pay this additional amount, $ 700.00. the total amount the homeowner is asking is a little more than $ 13,000.00. I am confused why are "paying" anything, as opposed to just fixing it yourself. Can you clarify?

 

in my opinion the homeowner is just controlling and getting a a little greedy in his requests for the additional $ 700.00 and is almost " defying " me not to agree to this unwarrented amount. ( my opinion). Have you been paid yet for all or part of the job?


also, if he consults or brings with him to court,an attorney, and the court rules in his favor, am i responsible the his attorney fees ? Generally not, no, unless it was in your written contract that winner of a court case also wins attorneys fees.

Optional Information:
Country relating to Question: United States
State (if USA): California
What have you tried so far?: trying to be reasonable, respectful and fair in bringing the matter to a conclusion. the homeowner is so arrogant and controlling he will not agree to anything except his idea, One thing to consider is WHO actually has the control a right now. We can determine more once you answer the above questions, OK?

 

and has stepped in front of and stopped any attempt i have proposed to bring this to a conclusion. Some people consider kindness and respect as signs of weakness. Of course he is wrong to think that and presume he can trample you and rip you off more than the error you made warranted. But again, if you can answer the above, I can more accurate answer.



Customer: replied 1 year ago.

I'M TRYING..PLEASE BE PATIENT AND REPLY WILL FOLLOW...THANK YOU

Expert:  Alexia Esq. replied 1 year ago.
No worries. I am doing some crunch time in the office today, between the small business taxes (extension is almost up) and some deadlined legal case work, it is a busy time of year. I'll check back with you later. I am also checking in during the week, so no worries.
Customer: replied 1 year ago.


THE $ 700.00 he has " tacked on " to clean and touch up paint if the shop he has chosen to install the floor does in fact mess it up.


 


i tried to repair it once with the understanding i would replace the floor at my expense if the repair was not succesful. the repair was not. now he will not let me replace it and has chosen a different company to replace it.


i have not paid anything though i did e-mail him and agreed to all but the $ 700.00. and stated that i was not respoonlsible for the careless work of the other installers whom i have no control of.


this e-mail was sent friday 13th. and i have not heard back from him.

Expert:  Alexia Esq. replied 1 year ago.

THE $ 700.00 he has " tacked on " to clean and touch up paint if the shop he has chosen to install the floor does in fact mess it up. No, that is not a damage of YOUR doing, that would be $700 he'd claim against THAT company, should it negligently perform the work.


i tried to repair it once with the understanding i would replace the floor at my expense if the repair was not succesful. Yes, you are allowing HIM to replace the floor with a company of his choosing. That is very gracious of you.

 

the repair was not. now he will not let me replace it and has chosen a different company to replace it. OK, I understand. He has lost faith in you. It happens.

 

i have not paid anything though i did e-mail him and agreed to all but the $ 700.00. and stated that i was not NOT? Or he says you ARE, right? Of course that is not true.respoonlsible for the careless work of the other installers whom i have no control of.

 



this e-mail was sent friday 13th. and i have not heard back from him.


The question was actually, were YOU paid for your work, however erroneous it was? If so, what were you paid? And, how much do you believe it will cost to fix and complete the job by another reasonably priced (middle of the road) contractor?
Customer: replied 1 year ago.


i am totally ok with the estimate, though it is somewhat inflated also, as the homeowner has stated "he" is the one to do the work, with no competive bids. so i am only opposed to the arrogant demand for the $700.00 he has tacked on for something i feel i am not responsibe for and is arrogant enough to demand i pay. the mosts arrogant and controlling individual i have had the misfortune to deal with in my 48 years of licensed flooring business. i still do all my own work, on a part time basis, as i am not happy being off all the time.

Expert:  Alexia Esq. replied 1 year ago.
Again, have you been PAID for your work yet?
Customer: replied 1 year ago.

yes i have been paid in full. thank you

Expert:  Alexia Esq. replied 1 year ago.
Super, that is good.

It is good because you appear to be in a position of power here. You have his money. He does not have a completed floor. I would NOT give him any money in settlement (for him to fix the floor) unless it is in full and final settlement of all claims - IN WRITING, such that is releases you from any further obligation. That prevents him from being able to successfully sue you for MORE money, or otherwise brow beat you into paying more, "lest he sue you". I'd give him my offer, explain that this is the last of it, if he accepts it, it must be in writing as full and final settlement, releasing you of all claims. If he doesn't accept it, fine. You will await his service upon you of complaint and summons, so a court can decide if his amount demanded is actual damages, vs. what you have proposed.

You have NO obligation to agree to his demand. When two parties can't agree, who ever feels they are "out" the money they legally are entitled to has to SUE the other one so an objective court can decide what amount is appropriate as real damages (not bonus moneys!). You are not the one that needs to SUE for anything. You are not out anything. You are in the sweet spot. He is coming from behind the 8 ball because he is out his X dollars. You have offered X amount to compensate him for his actual losses. He wants that PLUS your hide, apparently.

I'd not be surprised if, once he realizes you are done with him and have made your final offer (and I'd not communicate with him after that), he decides he will accept it. Is it really worth him learning how to take it to court for a measley $700 that no court will award him? Unlikely, unless he is stupid.

Anyway, I'm sorry this all happened, but I think you have tried to bend over backwards to make a customer with a bad experience, happy. He is just not that kind of customer, it seems. You can't win them all. But you don't have to bend to his whims either.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11845
Experience: 19 Years of Legal Practice Experience in this precise field.
Alexia Esq. and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

alexia esq. i thank you very much. you have answered all my questions and added some additional advice that i appreciatel..
i'll sign off now. except for the additional $ I am responsible for.


 


keith anders bonanza floors ccl # XXXXX since 1965

Expert:  Alexia Esq. replied 1 year ago.
You are very welcome Keith. Have a great remainder of your Sunday and if you ever need answers, don't hesitate to ask for me specifically by starting your post with "To Alexia Esq. ONLY". I am at your service.

Oh! And don't for get to rate me - it is required for us to get credit for time spent here with you today.

Best to you and yours,
Sincerely,
Alexia Esq.
Customer: replied 1 year ago.


thank you ! bye bye keith

Expert:  Alexia Esq. replied 1 year ago.
Hi again Keith, please come back and click the Rating. I'd greatly appreciate an "excellent" rating from you, if you would be so kind. Thanks again!
Customer: replied 1 year ago.


SORRY ALEXIA ESQ. I " LOST " THE SCREEN BUT I THINK I RECOVERED IT JUST PRIOR TO YOUR E-MAIL AND I GAVE IT A WELL DESERVED " EXCELLANT " RATING. THANKS AGAIN, KEITH

Expert:  Alexia Esq. replied 1 year ago.
Thank you so, so very much Keith! Much appreciated!
Customer: replied 1 year ago.


ALEXIA ESQ. ONLY ! ARE YOU IN TODAY. MONDAY 9-16- 12:33 my local time..if so.. i received an e-mail fron the homeowner and have a couple questions for clarification..thanks, keith anders

Expert:  Alexia Esq. replied 1 year ago.
Hi Keith, I am here. Can you put your new question into a new thread please, and start it with "To Alexia Esq. Only" - I will check back for it later, as I can see you are not presently online here. Thanks!
Customer: replied 1 year ago.

HELLO ALEXIA ESQ. I'M GLAD YOU ARE BACK. I GOT AN E-MAIL BACK FROM THE HOMEOWNER..SO I HAVE A COUPLE QUESTIONS

Expert:  Alexia Esq. replied 1 year ago.
Hi Keith, I am here. Can you put your new question into a new transaction thread please, and start it with "To Alexia Esq. Only" - I will check back for it later, as I can see you are not presently online here. Thanks!

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Alexia Esq.
Alexia Esq.
Managing Lawyer/Advocate
3458 Satisfied Customers
19 Years of Legal Practice Experience in this precise field.