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You want to raise the stakes on them to get your recourse. They are in breach of contract
and you do have recourse. First, get an estimate from another window company of the cost to properly finish the job and repair any damage caused. Then, send the defaulting company a certified, return receipt requested letter detailing the history and their default, and demand they pay you what it will cost you to have another company finish the job satisfactorily and repair the damages 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 as gross negligence, fraud and deceptive trade practice
causes of action, 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 judgments that will basically prevent them from doing business in the future.
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