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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3914
Experience:  30 years of experience
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The San Francisco city government insisted we put in a water

Customer Question

The San Francisco city government insisted we put in a water permeable surface in front of our house in place of the old concrete to get our in-law apartment legalized. We elected to go with pavers and a little landscaping. My wife called 7 contractors
but only 2 even called her back (there's been a lot of work for contractors lately). She found someone who agreed to do the relatively small area (450 sqft) for $8K. They were scheduled to being this past Monday and take a week. We Airbnb the unit, and gave
a significant discount to the guests who were staying to compensate them for the noise obstacles. They did not show up on Monday. My wife had to call them, and with a dismissive fashion they informed her that someone would be by on Tuesday to survey the site,
with work commencing on Wednesday. No one showed up on Wednesday. After having to call again, and dealing with the contemptuous and even insulting attitude, they claimed that there had been a traffic accident, 2 of their workers were in the hospital, and they
would heroically struggle to get another crew, or possibly having to postpone it. Postponing would have been awful, as even besides the stress of a delay and rescheduled there would be yet more money lost through reduced rates or having to leave the unit dark
altogether during construction. They did show up yesterday, and completed nearly all the work in 1 day. Today, during desultory finishing up, they asked for the $8K less a mere $250 credit for the delay and loss of income. We feel they've lied about the accident
to try it make it seem they've done more and/or take another job. They've greatly overcharged us. They've refused to give us an itemized bill or the police reports on the purported accident. We did however sign a contract that names the amount. Is there anything
we can do to get a more reasonable price?
Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. If you have notyet paid them, calculate a reasonable amount of damages that you can document for the loss of income due to the delay. Deduct that amount from what you owe them. Send them a check for that amount with a letter stating that you have deucted the lssed income, include a copy of the documentation that supports your position. In the letter state that cashing of the check is acceptance of your proposed resolution and represents acceptance of the amount as payment in full. Also on the back of the check write that endorsement of the check constitutes acceptance of the amount as payment in full on the contract.Then see what happens. If they cash the check they will be precluded from successfully suing you. If they return the check and sue you, file a counterclaim.If you are reasonable and fair in the amount that you deduct, and you show the supporting documentation up front you may find that they accept the payment. The time and expense of filing the suit would likely offset the additional funds they would recoup.If you have already made payment then you will have to initiate litigation in small claims court. I would be less optimistic about that option because the time and expense of bringing the suit.I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck,Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.
Expert:  Gerald, Esq replied 2 years ago.
Also when you send the letter and check send it either by certified mail or Fed Ex so that you have proof they received it. FedEx may be better because people often try to duck certified mail. Good luck. Kind regards,Gerald