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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23922
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I red a local building contractor, paid $12000.00 new roof,

Customer Question

i hired a local building contractor, paid $12000.00 for a new roof, it was not done according to terms specified, we negotiated and they gave me a $500,00 discount due to their people was rude and disrespectful. now that they got the money, they refuse to warranty their work after the wind blew some shingles off my new roof claiming that i was rude to them at the negotiation table but, they don't know that i had the whole thing recorded in audio from that negotiating table and it will prove that they lied. do I have the legal right to record my conversation with them? and can i use that audio recording against them? what should i do at this point? what's my best options?
Submitted: 9 months ago.
Category: Legal
Expert:  LegalKnowledge replied 9 months ago.

Being rude would have no legal effect on the warranty and their requirement to stand behind their work product. As such, you would need to sue them for the damages suffered. Now, in regard to the issue with the recording, any person who willfully uses any device to overhear or record a conversation without the consent of all parties is guilty of illegal eavesdropping, whether or not they were present for the conversation. The eavesdropping statute has been interpreted by one court as applying only to situations in which a third party has intercepted a communication. This interpretation allows a participant in a conversation to record that conversation without the permission of other parties. If you sue and need this evidence, you could try and introduce it and use it. If they refuse to do the work, you could find a third party to finish the job and then sue them for the damages suffered and costs incurred, above what they were charging.

Expert:  LegalKnowledge replied 9 months ago.

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Expert:  LegalKnowledge replied 9 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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