K,he said he didn't recall any conversation about low e energy efficeint glass. Yikes. Are we up a creek with a paddle? Or, do we have something beyond "hey, do the right thing!" to leverage with to get what we thought we were paying for. Thank You
Well, this guys seems to be a liar, liar, pants on fire kind of guy. Not only did the bid clearly mark "efficient glass," so did his estimate. So why would he be marking his estimate "efficient glass" and bidding on a bid that states "efficient glass" if he did not know about the fact that this job needed to be done with efficient glass
It seems to me that he attempted to break out of the deal and install regular glass, bill you for efficient, and being caught, is trapped in his lie.
Yes, you do have leverage. A lawsuit. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
Here, you may have a case for BREACH OF CONTRACT and FRAUD.
It is well established that, in an action based on breach of contract, the plaintiff has the burden of proving the existence of a contract
, breach of the contract, and resulting damages. Great Western Sav. Bank v. George W. Easley Co., J.V., 778 P.2d 569, 577-78 (Alaska 1989)
The elements of a cause of action for knowing misrepresentation or deceit (i.e. fraud) include: a false representation
of fact, knowing of the falsity, intention to induce reliance, justifiable reliance, and damages. See Restatement (Second) of Torts § 525 (1976); see also Thomson v. Wheeler Constr. Co., 385 P.2d 111, 113 (Alaska 1963).Punitive damages
may also be requested under Alaska Stat. § 09. 17. 020
In short, a threat to sue may have him install the e-glass as required in the first place. A certified letter stating this (from an attorney is best since this may carry more gravitas) may help to convince him to act. Let me know if you need a sample letter.
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