Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
11/28/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,958
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 8 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?

Ask Your Own Legal Question
Customer reply replied 8 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 8 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:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Lawyer: legalgems, Lawyer replied 8 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
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,958
13,958 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I live in Colorado, in the second floor of a condo. on sat
I live in Colorado, in the second floor of a condo. on sat night I experienced water damage from the unit on third floor. The owner of the unit said, a shower was being taken at the time. She said she… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,278 satisfied customers
Second opinion] Can I questions on same issue free of
second opinion] Can I ask follow up questions on same issue free of charge----My follow up question is ... I was told on the hush hush that there is a clause or something in disclosures or other docum… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,185 satisfied customers
I had 22-25 new windows installed by a franchisee about 11
I had 22-25 new windows installed by a franchisee about 11 years ago that were supposed to have a life time warranty. They started leaking pretty much right away, so I contacted the person who install… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,147 satisfied customers
Hello, I believe that I need to obtain a lawyer but I am not
Hello, I believe that I need to obtain a lawyer but I am not sure as in what type of lawyer I need to obtain. My situation is this, in 2011 I purchased three types of doors from Home Depot that they t… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,260 satisfied customers
We have been renting a house in SC for 15 years. We have been
We have been renting a house in SC for 15 years. We have been extremely ill for the past year. Recently we took a week's vacation away from home and discovered that our symptoms relaxed while we were … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
We are enduring a nightmarish major master bathroom renovation
We are enduring a nightmarish major master bathroom renovation through our local Home Depot in Fairfax, Virginia. We first contacted Home Depot in March to plan the renovation with their kitchen and b… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I had some terrible construction done by Home Depot and their
I had some terrible construction done by Home Depot and their contractor, Statewide remodeling. They have been doing everything wrong, ignoring my complaints, trying bad patch jobs to fix the leaky ce… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I had a pool liner installed in my 18x33 pool. The first liner
I had a pool liner installed in my 18x33 pool. The first liner split at the seam and was replaced within 1-2 weeks. The second liner lasted 2 months and after we closed the pool for the winter we noti… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I am in the state of Maryland. I am a community advocate who
I am in the state of Maryland. I am a community advocate who need someone to advocate for me. I am told I have grounds to sue my County however I can not locate an attorney who is not intimidated invo… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We bought a refrigerated air conditioning unit from Sears and
We bought a refrigerated air conditioning unit from Sears and the contractor they hired put all the tubing through our vents so eventually the condensation came through the vents and caused leaks in m… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,260 satisfied customers
I hired a company to rennovate my home in Jan 2009. They finished
I hired a company to rennovate my home in Jan 2009. They finished around mid Feb. 2009. Starting in March of 2009, I have had a lot of problems with their work. The problems showed up once it started … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I found black mold covering the subfloor in our bathroom -
I found black mold covering the subfloor in our bathroom - we rent - I sent notice to the landlord asking him how we can work on this together - in addition, we have had a leak into the basement from … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Weve been getting leaks from the ceiling and thru the side
We've been getting leaks from the ceiling and thru the side walls into our shower stall and clothes closet for the past 3 years. The problem has been worked on several times but the leaks continue. We… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
Hello! I just wanted to find out if I have a case Two years
Hello! I just wanted to find out if I have a case? Two years ago we had a new shower installed in our master bedroom bathroom. The next day after installation we had to contact the person who installe… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers
Two years ago, I hired a general contractor to remove the old
Two years ago, I hired a general contractor to remove the old roof, add to the rafters, and blow in extra insulation, plus take care of related and unrelated issues. I was living out of town at the ti… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
I have a contractor working in my home doing some minor home
I have a contractor working in my home doing some minor home improvements (remodeling bathroom and building a breakfast bar). I have already paid him 2/3 of the cost and now his work has become sloppy… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
What recoures do I have ---I reported a roof leak back in October.
What recoures do I have ---I reported a roof leak back in October. I need a new roof and was told I would get one, however here we are the end of Feburary heavy rains and more rain to come and I now h… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
I owned a year old new constructed condo apartment in Brooklyn,
I owned a year old new constructed condo apartment in Brooklyn, NYC. My unit is at 3rd floor. Currently my downstairs neigbors are complaining a water damage spot on their ceiling and demanding repair… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x