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Good morning. I would raise the stakes on them. First, get an estimate from another company of the cost to properly repair/replace the gate. Then, send Roy Shomake 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 make the repair/replacement (whichever is necessary) 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 if forced to file this suit you will be filing this claim not only as a breach of contract case, but also as fraud, gross negligence, 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 to your satisfaction without a hearing rather than risk punitive damages and the time and expense of defending a suit they can't win.
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