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Breach of contract EMPIRE TODAY- I have a contract for

install and removal for flooring...
Breach of contract EMPIRE TODAY- I have a contract for install and removal for flooring. It’s day 35! The disaster started 1st day, the salsa person measured incorrectly the worker showed up- yelling that I owe another 1000.00 - he attempted to pull a runner- (I should have let him) damage to property which they fixed unfortunately they didn’t order enough carpet to begin with so the damage they repaired the knew person went to pull the carpet back to find they cut at an angle so it wasn’t butt up against the wall and shoved a 3x4 piece of carpet in the corner- so they reorder to find they didn’t order correct type and it doesn’t match. The contractor who refused to do as I asked - start in the back or front- he instead put everything in my living room- I told them there’s a 100% disabled veteran in the home home who falls which is why I took out the slippery flooring (pergo) in the first place- on day I don’t have at moment but I do - I had to start making the house as safe as I could- I was carrying a large candle n candle holder- the candle fell hit the wall and just like a rocket slammed into my ankle bone! Went 2 doctor got X-ray- it’s not broken but severely sprained per the X-ray- I gave them 24 hours to make it right- they ignored me- when I called the first day when hector was screaming I owe 1000. And he was done with his so many sq ft I called empire asking for a site manager to come but no one could find any one - there’s so much to this story it’s insane- it’s day 35 and yesterday finally corporate called and offered to drop off a piece of carpet! It won’t match and I’m done with this company! What do I do? CLSB? If I arbitrate my credit card will I not get the monies needed to replace?
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Answered in 5 minutes by:
1/17/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14,057
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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I am sorry to hear this;

there are a couple of options one may pursue:

1. file a claim with the better business bureau as a company will often attempt to engage in the voluntary mediation they offer to avoid a negative rating

2. file with the CLSB. They will send out an inspector and since a contractor is required to have a bond on file, they may assist with filing a claim on the bond for breach of contract, misrepresentation and negligence.

3. disputing the charge with one's credit card; this will result in a "charge back" which means that the account will be credited until the company responds. If they don't respond, or if they fail to prove that they are entitled to the funds, the charge back will be permanent and the charge will be removed from the customer's credit card permanently.

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

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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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Customer reply replied 7 months ago
I will need to pay more than the contract to replace the entire carpet- is the only way CLSB - my ankle is there fault- or is it?

The remedy for breach of contract is to restore the plaintiff to the position s/he would have been in but for the breach of contract.

Normally for contract law that is limited to reasonably foreseeable and proximately caused damages so that means replacement/repair costs (to give the plaintiff the benefit of the bargain so to speak).

Normally physical injuries and emotional distress and lost wages are not included because those are hard to predict and vary by each plaintiff's unique circumstances thus not "reasonably foreseeable". -

A claim of negligence may allow for personal injuries but that requires the judge's determination.

So if one wishes to go beyond the CLSB they may file in small claims (for damages less than $10,000)

Let me get you that information.

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Customer reply replied 7 months ago
Hello?

Hi; were you able to review the above?

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Here is the small claims information:

http://www.courts.ca.gov/1008.htm

http://www.courts.ca.gov/selfhelp-smallclaims.htm

This will generate a demand letter that may be sent to the contractor:

http://www.courts.ca.gov/11145.htm

I certainly hope this helps!

Further questions?
Please post here!

Otherwise-kindly rate 5 stars if you feel I have earned it!
Thank you!

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Customer reply replied 7 months ago
I’m already doing what can be done- just not fast enough- the veteran is going to get injured- carpet is not tacked down- nightmare in a nutshell- it’s unfortunate about lost time injury and the stress is overwhelming I’m the caregiver and spouse and now if the va sees the home is dangerous for him
Customer reply replied 7 months ago
They have refused by silence to give me my work order or my contract. I have no option but to attempt to order the same or close to it. I have told them they had 24 hours - they are still calling with outrageous offers 600, 1200 for just that spot- it will never match - but I’ve told them via email I’m going through CLSB and they are harassing me - we are in fear of hector who was the the one threatening- the veteran has PTSD-
Customer reply replied 7 months ago
Should I stopped the credit card arbitration- it’s arbitration? If I keep the arbitration can I still go after their bond and live

That certainly compounds the gravity of the situation and I am sorry the contractor is not being receptive.

It is possible to hire a third party professional to minimize the danger of the situation (a plaintiff has a duty to mitigate, which means taking reasonable steps to prevent injuries or further damage) and then to include that as damages during a lawsuit or CLSB claim.

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Customer reply replied 7 months ago
Bond and license

It would depend on any settlement agreed to in arbitration and whether the arbitration is binding; normally a credit card dispute is mediation - written mediation and then the credit card company will make a determination -which is not binding; the party may seek recovery from other avenues such as those listed above.

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Customer reply replied 7 months ago
You’re talking about a mechanics lien- correct? I

No;

a bond;

http://www.cslb.ca.gov/Resources/GuidesAndPublications/ContractorsLicenseBondsGuide.pdf

A mechanic's lien is what a contractor files on the customer's home;

the bond is what protects the consumer.

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 14,057
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Customer reply replied 7 months ago
I was speaking of what they will do and I would not put anything pa them at this point - I have a demand letter, I am going through CLSB already apparently I’m pretty quick and have under control- as far as what to do. Just need versification on the arbitration which I need from credit card company/ thank you for your time
Customer reply replied 7 months ago
Hey how do I get out of the screen- will this be emailed to me?
Customer reply replied 7 months ago
Oh - the manager friom corporate called and said we threatened someone with a gun! Omg - I laughed and hung up. What is that about?
Customer reply replied 7 months ago
I have 3 minutes before I leave
Customer reply replied 7 months ago
Ok- I guess you’re done.

Sorry; I was on break; a few minutes please.

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Yes, the site will email you a link to this page; I'm an individual contributor so I don't have the ability to do that.

Normally the credit card chargeback will be a paper process;

the consumer will file the dispute and the credit card company will notify the business;

the business will then respond (in writing) and the credit card company will either state the charge stands, or "charge back" (ie refund).

This is not a final determination; either party may pursue their other legal options (filing in small claims, filing with CLSB, etc).

I'm not sure what you are referencing about corporate-corporate from the construction company or the credit card company?

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Customer reply replied 7 months ago
OK, empire actually stated in an email the veteran threatened him with a gun (we don't have 1) then said I was going to have all his workers deported. Now I see why they are trying to "drop off" carpet. Making it seem like we are violent the day my 24 hours was final. I can't be a racist when I am Hispanic, middle eastern greek. The veteran is white, but his grandchildren are Mexican and Puerto Rican my own kids are me, and Nicaraguan. Now we are in defamation of character. Trying to say we are violent racists, after I myself first emailed on the first day that the violent worker is screaming at me I owe him 1000.00. Does this now go above the CSLB? This is insane. and it is now day 39 of a 1 day job. I finished BBB complaint, I WAS working on the CSLB when I saw that
Customer reply replied 7 months ago
How long before a response? I can't do another week. I have to get the carpets done - the home is still a danger zone for the disabled. I will move on at 1:30
Customer reply replied 7 months ago
Ok, I am on day 39 but I just saw the day my 24 hours notice we were done, Ron showed up. I told him, I will let you in to take pics for your records so you can see the carpet does not match. In the over 100 emails, I just saw, this person, sent an email stating that after only 3 pics were allowed, the veteran pulled out a gun and made him leave. Look - it never happened. PERIOD. I have requested the police report and the type of phantom gun. They did not call the police. C'mon these people are trained to keep you in chaos, stressed out due to your home is still waiting for the carpet to be laid. Anyway this explains why they now want to drop off carpet. They are pretending like their life is in danger or something. OUTRAGEOUS - I need to know if this kicks things up to a different animal. Why would they keep trying to get me to take an offer if a gun was pulled? IF were true, all they had to do was call the cops, the vet would be in jail and the company would have their out. but becuase it is a lie - They are I don't know. you tell me. Do I need to call the police and respond to such a lie? OR keep on with CSLB? But the threat (lie) what to do...

I'm sorry to hear this;

essentially defamation requires publication of the false assertion to a third party so an email addressed to the individual the defamatory statement is made would not qualify.

One may sue for harassment, or file a police report for criminal harassment.

Please see:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=653.2

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Customer reply replied 7 months ago
Ok, the email was NOT sent directly to me. It was sent in house to empire. The contractor sent the lie to the corporate office. Does that make it a third party? Can I file a police report in response? I need to verify with credit card if it is binding. I will cancel. I want their license true, they are hell... hope to hear from you very soon. I have to get this done....

In order to be defamation it needs to be sent to a third party; so an in house person would technically still meet that requirement unless it was protected by privilege (ie attorney client).

Yes, a police report can be filed but depending on the local law enforcement agency they may advise it is a civil matter as if there are civil remedies some law enforcement agencies will not prosecute for criminal matters due to backlog of cases, priorities of the prosecution in charge, etc.

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Customer reply replied 7 months ago
You know, I actually knew all that.... I have to stop second guessing myself, this is situation though - wow... thank you for your time... (If I could remember dates - I wanted to be attorney - I like to argue... when I am right.. :) thank you!

I often ask for a second opinion so there's no harm in that- it's erring on the side of caution!

You are so very welcome!
Thank you and take care.

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