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We hired a local plumber to install a shower. In the bid it…

We hired a local...

We hired a local plumber to install a shower. In the bid it included dry walking. The job was completed about a five weeks ago

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Wyoming. We are not happy with the dry wall. The owner looked at it over two weeks ago a n d said it was awful and they wo u l d make it right. We want to hire dry wallers to fix it and have the plumber adjust our b I 'll. They want to fix it. Are we in our rights to hire someone of our choice to fix it?

Lawyer's Assistant: What steps have you taken so far?

We have an estimate from dry wallers and are waiting on a plumber from same comp a ny to look at it.

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

Can we legally proceed without their permission. How are we responsible for the existing Bill?

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Answered in 2 minutes by:
3/20/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 536
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. To be sure I understand your question, when you reference the owner, was this the owner of the plumbing company?

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Customer reply replied 1 month ago
No this is ok. We are seniors on a fixed income, so counting pennies.
Customer reply replied 1 month ago
Are we still connected?

Since the owner has acknowledged the bad job that was done, you are ahead of the game with these types of problems, even though you likely don't feel like it now. One option at this point is to send a letter to the owner stating that you appreciate his inspecting the work and agreeing that it was not done properly. That you have been waiting for two weeks for resolution and have no option but to move forward to have the work repaired. I would consider including in any letter a deadline of a few days to a week to arrange for the repairs to be completed, otherwise , you will be forced to hire another company and will seek reimbursement for those costs from him. Consider asking that different workers do any repair work as you do not believe the original workers are competent to perform the work. In the alternative, you could state that since you do not trust their workmanship on the drywall and have no choice but to hire someone else and for them to pay you for that work; but offering them one last chance, with a firm deadline, to fix it will put you in a better position should they not pay for it and you have to consider a lawsuit. You may want to include also that you believe it is appropriate to deduct from the bill for the bathroom work any and all costs associated with the drywall work.

Once you send this letter and, if the deadline for them to repair to your satisfaction passes (or if you opt not to give them that opportunity given it has already been two weeks), you can proceed with repairs and should then send all bills to the owner of the plumbing company. There is no guarantee they will pay those bills, however; so it is best to try to keep constant communication with them as to estimates and what is expected. You could even consider having them pay you the amount on any estimate and not have the repairs done until you get that payment, but, again, there is no guarantee you will receive it.

I hope this helps. If you have additional questions, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

​Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
We haven't paid them anything, so far. Could we just deduct the dry wall a mount from the bill?

That is a reasonable option; you may want to call the owner to let him know that is what you are doing and also note on the check that it is intended to be full payment. Since the total job included drywall, the argument would be that since you had to pay someone else to do the drywall you need only pay the difference between the total bill and the drywall fix (e.g., if total bill is $5,000 and drywall redo/repair is $1,000, you would pay original company $4,000 so you still only paid $5,000 total). Do note that if the owner disputes the amounts, he could place a mechanics lien on your home for the amount he believes you still owe him. It is for this reason that it is important to keep in contact with him to keep things as amicable as possible.

Attorney Wendy
Category: Legal
Satisfied Customers: 536
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you. You have been very helpful.

You are very welcome and best of luck! I have also had to deal with drywall issues in my own home so I completely understand your situation.

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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.

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