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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I purchased hardwood flooring from a Large Carpet company,

Customer Question

I purchased hardwood flooring from a Large Carpet company, the contract included labor and installation of the flooring. The company sent a sub-contractor to do the installation.
The total on the signed contract was $10,000.00. I put down a deposit of $5000.00. The salesman told me instead of paying the $5000.00 balance to the Carpet Company, I should pay it directly to the subcontractor who did the installation. I paid the subcontractor 9000.00 for the $5000.00 balance and for some extra services I requested, tiling my fireplace surround and putting a new door on my laundry room. The extra services cost $1100.00 and the invoice from the subcontractor was 9000,00. The invoice did not show the $5000.00 balance specifically but since the salesperson told me to pay the subcontractor directly instead of paying the carpet company and having them pay the subcontractor, I assumed the balance of $5000.00 was incorporated into the $9000.00 bill. Now the carpet company is billing me for the $5000.00 balance in addition to the $9000.00 I paid the subcontractor directly. Is payment to the subcontractor the same as payment to the contractor? How can I dispute this, since I will be paying twice for the same service? I hope this makes sense
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, payment to the subcontractor is not the same as payment to the contractor.A verbal statement by an employee is not going to be sufficient to overcome the written terms of your contract (which I assume required you to pay the $5,000.00 balance to the carpet store directly). You can try negotiating a settlement with the carpet company, and perhaps the subcontractor, the subcontractor should not be compensated twice for the same labor, so there should be at least some room to negotiate here, but you need to get a formal settlement agreement to settle this matter.If you are unable to reach a settlement with them directly, you can try initiating mediation to settle the case with them, - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.