Advice - recourse to poor workmanship
Need some advice on what I can do to resolve an issue I am having.
I called companyX to come in to replace a sealed double-pane window on a patio door.
The technician broke/splintered the moulding that surrounded it. He said it was glued and he had no choice. Then, after replacing the glass, he pounded in finishing nails to hold it in place, and dented the thing all the hell.
We left it that they would find a replacement moulding and come back to replace it.
Now, 6 weeks later, they say that the best they can do is to try sand down the existing pieces and try find a stain that matches. My hopes are not high. The window is part of a side by side door, so I need the mouldings to match.
If this fix ends up looking like crap...what recourse do I have?
I've already paid 75% of the bill. Holding back the final 25% is not going to cover any cost of fixing this properly.
How do you go about seeking legal compensation for something like this?
Does NJ have a small claims court, or do lawyers need to be involved?
They have already told me that they do not intend to pay to have a new moulding created, since it is not carried by the mfg'er anymore.
Take pictures and file at the local court for small claims it seems like a simple enough matter that you would not need legal counsel
New Jersey does have small claims court. For cases that have a value of up to $5,000, you should file in the Small Claims division. For cases with a value of $5,001 up to $15,000, you can file in Special Civil division. Either of these can be handled pro se (without an attorney). The clerks at the court are usually pretty helpful to parties that are filing pro se. They can't give you legal advice, but they will help you out with filing issues, costs, etc. Go to http://www.judiciary.state.nj.us/prose/index.htm#civil and you will find almost everything you need. Good luck and if you need any more help, let me know.
Get a nother contractor to look at job and make written estamate of the work and cost to repair and his fee to looke it over take it to court
Get an estimate to have the custom molding done, having someone you trust finish the job is also very good advice. And also from here on, get everything in writing. You want to start pulling together what evidence you can. Sit down and write out a time line of everything you can remember.
All the above advice is just what you should do. My sister had a problem with carpet installation and went to small claims court with all the above evidence and won. Additionally the judge froze the contractor's bank account until she was paid in full, to insure she got her money in a timely manner.
*** Any communication from here on out with the first contractor i would do via email so you have everything in writing.
If you used Home Depot or Lowe's you might as well forget about it and find someone else to finish it. (I see a new thread starting:)
Not sure how well you would do in court. You paid for 75% of the job and it sounds like you got at least 75% of the job completed, which was installing a new piece of glass. If you had paid the entire amount that would be a different story.
M&K, you know I love Judge Judy and Byrd. Where did you get those pictures from???
Contact the Better Business Bureau - the contractor is required to respond. If not he gets an F rating. You could also contact Consumer Affairs and file a complaint. If he wants to get any business, he will have to make good to get a positive rating.
Lastly, if he has a web site, or is on the web under Merchant Circle, or some other, post your complaint.
I got the autographed pictures from Judge Judy and Byrd. Want me to get you some? $5 bucks each.
that stinks. But 75% up front is too much. That should have been your red flag for a poor craftsman.
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