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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 8715
Experience:  Just Answer consultant at Self employed
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Had a heating contractor install a system in my home and

Customer Question

Had a heating contractor install a system in my home and they could not get it to perform to spec's so they said they would be back with a solution, we did not here from them for about a year and a half. then the owner showed up and wants to cut open my walls and install more inlet pipes. we didn't here from them for another 4 1/2 months until today and they want there money. is there a time limit on this installation and have they abandoned there equipment? they already summited the forms for the rebates from PGE and energy trust and they want me to sign.
Submitted: 7 months ago.
Category: Legal
Expert:  legalgems replied 7 months ago.

what state is this in regards ***** *****?

Customer: replied 7 months ago.
Oregon
Expert:  legalgems replied 7 months ago.

Thank you.

Expert:  legalgems replied 7 months ago.

It will be a few minutes as I look into this.

Expert:  legalgems replied 7 months ago.

I'm sorry; I am not set up right now to handle phone calls. If you would like to continue on this page, I will definitely do my best to get you the needed information. Please let me know if you would like to continue.

Customer: replied 7 months ago.
Continue
Expert:  legalgems replied 7 months ago.

Thank you; so basically, an agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.

1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

When there is only partial performance that is considered an immaterial breach, so that the plaintiff can request that the defendant perform the work by X date (a reasonable time, generally within a month) or a third party will be hired to finish it. Once the price of the third party is known, that price is deducted from the contract price, and then the balance is paid to the defendant for their portion of the work; generally it is not sufficient to truly compensate the defendant because it normally costs more money to have a job divided between two professionals.

If the equipment is still at the residence, a request can be made that they pick it up by X date; if they fail to do so, then the property can be delivered to their place of business.

A complaint can also be filed here, as they regulate licensed contractors:

https://www.oregon.gov/CCB/complaints/Pages/file-complaint.aspx

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars *****

as I strive to provide my customers with great service.

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 7 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!