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I am trying to find information on how file a suit against a…

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Hi, I am trying...

Hi, I am trying to find information on how file a suit against a contractor and also home depot who provided me with the contractor. They did a 7500.00 project replacing tub liners and working in my bathroom. For over 1 year after the install I have had them back 4 times to repair water that is leaking through new tub liner into my finished basement ceiling below. it has started leaking again and am through with the patch work, I have had the hole in ceiling opened in lower level for a year because I know its going to keep leaking and I am afraid of mold growing. The installer actually gave me a tube of caulk to keep if it leaks that was there answer. Home Depot did not help when I first called told me I have to deal with the sub contractor which I have been doing for the past year with no permenant fix. I would like to know what kind of case I have. The Home Depot card I used for not just that project but other home projects has a principal balance of around 20,000 dollars and its making us sick to think we are paying this with wjhat they have allowed to happen here. Any advice would be greatly appreiciated. I live in Warwick, R.I. 02889

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

MY LAST LINE SAYS IT

Lawyer's Assistant: Has anything been filed or reported?

NOTHING FILED I HAVE CALLED dEPOT BACK WHEN IT STARTED THEY TOLD ME TO CONTACT CONTRACTOR WHO IS THE ONLY ONE I HAVE BEEN DEALING WITH, NOTHING ELSE REPORTED

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is quite a bit more information I have in detail other than that I just want to know if and what kind of case I have, I think this is bigger than small claims court but need advice

Submitted: 6 months ago.Category: Legal
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11/28/2017
Lawyer: legalgems, Lawyer replied 6 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,291
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 6 months ago

I am sorry to hear this; can you tell me the approximate cost of expected damages to rectify the situation?

also to be clear the company hired and selected the contractor and there was not a separate contract with the contractor correct?

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Customer reply replied 6 months ago
it appears that the entire installation of new tub liner needs to be ripped out and re-installed correctly, I did this through Home Depot who sent the sub contractor out to me, Depot did all billing to my store credit card. Damages are not fully known, I can't be certain without testing if there is mold growing from this and the fact that I have a hole in my ceiling in finished basement for a year is pathetic, they never even offer to fix the damage in ceiling from all the water leaks so that would be several hundred to have done, the tub install cost me approx. 7500.00 dollars. Every time they came out I had to miss time at work to meet with them, etc.
Lawyer: legalgems, Lawyer replied 6 months ago

Thank you;

Basically the company that hires the contractor is liable under both a breach of contract and a negligence theory if the contractor negligently performs the installation or violates the terms of the contract.

This would be beyond the scope of small claims as that maxes out at $5,000:

https://www.courts.ri.gov/Courts/districtcourt/Pages/Civil.aspx

As such one would file in general civil court.

The best way to ascertain damages is to hire a third party professional to estimate the damages, and to sue for the cost of ripping out any defective material and to replace the items pursuant to the terms of the contract.

Normally the court will allow reasonably foreseeable and proximately caused damages and that normally does not include lost wages (the idea being the defendant can't adequately predict lost wages since all plaintiffs will have different income).

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Normally a demand letter is sent to the defendant first (the secretary of state will have the registered agent where the letter can be sent, along with any employees the customer has contacted); sample FTC demand letter here:

[Your address]
[Your city, state, zip code]

[Today’s date]

[Name of contact person (if available)]
[Title (if available)]
[Company name]
[Consumer Complaint Division (if there is no contact person)]
[Street address]
[City, state, zip code]

Re: [Account number or other reference to your complaint]

Dear [Contact Person]:

This letter is to [notify you {or} follow up on our conversation of {date}] about a problem I am having with the [name of product or service performed] that I [bought, leased, rented or had repaired] at your [name of location] location on [date].

I am dissatisfied with your [service or product] because [describe problem]. I have already attempted to resolve this problem by [describe attempts and actions taken]. I have enclosed copies of my records. [Include copies of receipts, canceled checks, contracts, and other relevant documents]

Unfortunately, the problem remains unresolved. I am hereby requesting that you: [List specific actions you want (such as: refund, exchange or repair the item)]

1)

2)

3)

Please contact me within [number of days] days to confirm that you will honor my request.
Thank you for your anticipated assistance in resolving my problem. Please contact me at [telephone number and/or e-mail address] if you have any questions.

Sincerely,

[Your signature]

[Your name]

Enclosure(s): [List attached document copies]

cc: [Name(s) of anyone to whom you are sending a copy of this letter]

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.

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Lawyer: legalgems, Lawyer replied 6 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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