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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, we got a written/itemized estimate from a contractor

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Hello, we got a written/itemized estimate from a contractor for energy efficeint windows, took the bid, and signed him up. Unforturnately, he installed regular clear glass. The he wrote low e argon glass(this is what we want) on the estimate, but I did not notice until he did not write it on the final bill. We are taking part of a government sponsored energy audit/rebate program, which requires the low e glass. I have been talking about the program from the beginning, and through-out our conversations. Yet, when I called him requesting product info on the windows to include with our rebate application, 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
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Just to clarify, please:

1) Your bid clearly mentioned energy efficient glass, correct?
2) On his estimate, he wrote down energy efficient glass,correct?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.


Hello Ely,


the answer to both of your question is yes.

Thank you, K. I am typing out your answer now; apologies in advance for the momentary wait...
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.

Good luck.

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Customer: replied 3 years ago.


Thank you Ely, this helps. Is there a charge for a sample letter?

No charge! One second please!
Dear ________,

This correspondence is in regard to the recent work done by you/your company on _____. Please note that the bid, as well as your own estimate, mention efficient glass as the item installed.

However, upon inspection, it has been noticed that efficient glass was not installed, and regular glass was. Your claims of not having been aware of efficient glass requirement make no sense because your own estimate mentions it.

At this time, we are giving you ____ days to install efficient glass as required by the bid and your contract. If this is not done within the time allotted, we may have no choice but to pursue the matter in court 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.

Thank you for your attention to this matter.

Sincerely,

Signature

Name

This is just a sampler! Send certified, return receipt requested.

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