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Richard, Attorney
Category: Legal
Satisfied Customers: 55720
Experience:  Attorney with 29 years of experience.
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I had my floor resurfaced. They told me after they sanded

Customer Question

I had my wood floor resurfaced. They told me after they sanded that I can't get the finish I needed. They asked me to work with them, which I did. But, the result is not close to the original, we have bubbling, there are bare spots with no stain, there is stain on my trim, there was paint ripped off my trim when they pulled off the tape. Basically, they should not have started if they couldn't duplicate my original finish. Do I have legal recourse? That said, they never asked me to sign anything, ever. Can I not pay them? And just install a new floor instead?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

Yes, you do have recourse here. They're the experts and they should never have accepted and started this job if they couldn't complete the job as agreed. So, you have the right to terminate and receive damages. What you want to do is raise the stakes on them. First, get an estimate from another contractor of the cost to put you in the position you would have been in had your defaulting contractor performed the job satisfactorily. Then, send your defaulting contractor a certified, return receipt requested letter detailing the history, terminating your relationship with them due to the default, and demand that they pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid him had they completed the job satisfactorily. 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 against him for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud 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 without a hearing rather than risk punitive damages and the judgments being on the record.

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