Hi! My name is ***** ***** I look forward to helping you this afternoon. Yes, absolutely, you have recourse here. You want to raise the stakes on them. First, get an estimate from another company of the cost to properly repair the concrete. Then, send the defaulting company a certified, return receipt requested letter detailing the situation and their default, and demand they pay you what it will cost you to have another company make the repair since you no longer have confidence in them. Inform them that if they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract
case, but also asserting intentional bad faith and gross negligence, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages
. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice
judgments being on the record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!