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Richard, Attorney
Category: Legal
Satisfied Customers: 55702
Experience:  Attorney with 29 years of experience.
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I started a small Pizza restaurant several months ago and

Customer Question

Hi, I started a small Pizza restaurant several months ago and paid a Sign company to make a sign. When they installed the sign it had couple of minor defects. I paid 50% ($2650) up front before the sign is made. After the sign is installed, I called pointed out to the sign company about the defect and asked them to fix it. He came to the location 2 times and each times initially refused to acknowledge the defect, then later said "it is not a big deal and customers don't care about it". I told him that I was the customer. After the 2nd meeting he left just saying "the bot***** *****ne is the balance has to be paid". Within few days after this meeting, one morning our employees noticed the sign was missing. Along with the sign, they took the raceway box that belong to the building that was not installed by them. When I called them about it, he initially denied it. I then sent multiple text and email asking if the took the sign. They did not respond for 3 days. I called the police on Friday and filed a police reports. On Monday, he sent me an email stating he has the sign and he needs the remainder of the balance plus additional $900 for repossession fee. States he will reinstall the sign only if I paid the would amount demanded.
He now sent me another email stating if I do not pay within next 2 days, he "will pull the permit and you will have to start all over again".
In this situation, I feeling helpless and not sure what are my rights. Do I need to pay him fully. He never gave me anything in writing demanding the money before he "repo" the sign. I though I was still in the middle of negotiation to have the defective sign fixed. Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Good morning Russell. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!
Expert:  Richard replied 1 year ago.
I would raise the stakes on this guy as he's the one in default here by failing to perform the job competently. Send your contractor a certified, return receipt requested letter detailing the history, including the faulty workmanship, and either fix the sign and install it for the originally agreed price within a short specified period of time or you will terminate the contract or you will have no choice but to file a suit for your damages, which will be the to recover all amounts previously paid him PLUS any additional costs you incur over the original bid due to having someone else make and install the sign. BUT, be sure to specifically mention that if forced to file you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud 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, he will resolve this to your satisfaction without a hearing rather than risk punitive damages and the judgments being on the record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!