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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101731
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a foundation repair company come out to chack my

Customer Question

I had a foundation repair company come out to chack my foundation. I told the salesman what was wrong, that I wanted the kitchen panrty door to stop shutting on it's own and there was a crack by the bedroom wal and on the outside of that wall was a crack in the brick and mortar. He sold me a contract for 5025 dollars. They did the work and now I have crackes all over the south end of the kitchen, the crack in the bedroom wall is larger and the cracks on the outside of the house are coming back. The job was a done a little over a week ago. 2 guys from the company "Accurate Foundation" came out today and said the job they did was done right. LOL, I kicked them out. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Someone in your situation may wish to pursue a suit against this company for the damage done.

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, the company would arguably be liable for breach of contract and negligence. One can ask them to pay back the money they were advanced within the difference of what it would cost to have another company come out to FIX their work.

Often, a demand letter from an attorney will have the company either (a) refund the money or (b) fix the job in order to avoid being sued.

Let me know if you want to see what a sample letter looks like.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.