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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35737
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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Had an ac service company perform incomplete work. Paid with

Customer Question

Had an ac service company perform incomplete work. Paid with CC and signed invoice saying work was compete and satisfactory. Same day checked behind them and work was not compete. Asked for refund or work redone and was only offered partial refund. Besides CC dispute which may not be successful, what other options may produce success or am I S.O.L.? In researching after the fact, company has many complaints of this nature and are essentially scammers.
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Essentially, you have just a few options.
1. You can give them an opportunity to come back and complete the job.
2. You can accept partial refund if it will be enough to have a competent AC service come in and finish the job, or
3. You can file suit against the contractor in small claims court for Breach of Contract and present to the judge an estimate for the completion of the project and get a money judgment against them in that amount.
On the non-legal side of the coin, you can file a complaint with the Better Business Bureau as well as with the state board responsible for licensing the company---though neither of these reports will result in you being mad while financially.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you so that I can be compensated for helping you.
I wish you and yours the best in 2015,
Doug
Customer: replied 1 year ago.
Hi Doug, they originally offered to redo the work but retracted that offer for a partial refund only with the stipulation I sign a waiver for further complaint our action. I'm not comfortable with that because they have a terrible reputation and air conditioning units are costly so I want to reserve the right if damage resulting from the initial visit becomes evident.As far as small claims, what about the part of the invoice showing where I signed ad happy with services that they had me sign before the work was compete and obscured when doing so that I only read the party that showed the words customer signature and not the single line saying I was satisfied? Works I be wasting my tune in small claims based on that alone? I have photos of the work not completed and I had to call another company out to do the work correctly. I don't want to waste my time in court if there's no chance to win.
Expert:  LawTalk replied 1 year ago.
Hi,
You wrote: "Hi Doug, they originally offered to redo the work but retracted that offer for a partial refund only with the stipulation I sign a waiver for further complaint our action. I'm not comfortable with that because they have a terrible reputation and air conditioning units are costly so I want to reserve the right if damage resulting from the initial visit becomes evident."
I agree, and would only recommend a partial refund if you already have an estimate and you know that another company can make it all right for the amount of the refund. Basically you want to be made whole---get the full repair for the money you agreed to pay in the first place.
"As far as small claims, what about the part of the invoice showing where I signed ad happy with services that they had me sign before the work was compete and obscured when doing so that I only read the party that showed the words customer signature and not the single line saying I was satisfied? Works I be wasting my tune in small claims based on that alone? I have photos of the work not completed and I had to call another company out to do the work correctly. I don't want to waste my time in court if there's no chance to win."
The "happy" part of the document is not legally enforceable and you simply explain that it appear okay until further inspection. You did not sign a release and it is boilerplate language that you can't be held to.
On the contrary, based on your statements, I believe you WILL win. Just jump through the hoops---have a new contractor do the estimate, demand that amount form the first contractor and then if they won’t pay---sue them. It is not a waste of your time.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug