QUESTION
What if the customer refuses to pay because they are "unhappy" with the finished product yet they are using it everyday?
Asked on Oct 24th, 2012 on Labor and Employment - Utah
More details to this question:
I am a contractor that was hired to refinish a wood floor once finished customer was not happy with finished product. Refused to pay...yet customer admitted to putting furniture on the floors and using them everyday.
12 ANSWERS
Ronald A. Steinberg
Sue them. People respond to action, not words. If you talk, threaten, yell, cajole, complain, nothing is going to happen. If you contact a lawyer and a suit is filed, that means business.
Answered on Oct 30th, 2012 at 9:59 PM
Answer: Interesting question and it sounds like one that will turn on what's reasonable under the terms of the written or oral agreement. What you're referring to as a 'finished product' isn't clear so no firm answer can be given.
Answered on Oct 27th, 2012 at 9:40 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You do have to walk on your floor don't you? if you did a workmanlike job you are entitled to your fee. If you did a bad job you are entitled to nothing. Has nothing to do with whether someone walks on the floor
Answered on Oct 27th, 2012 at 9:39 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must hire an attorney and sue them.
Answered on Oct 27th, 2012 at 9:39 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue the customer for payment. If it is not too late, you can file a mechanics lien. You can google SC Code of laws to find the SC Code online. I'm not sure which title of the code mechanic's liens are in, but I believe it is Title 15. They can assert poor workmanship as a defense, but they will have to prove it. Even if they prove it, they might be entitled only to a discount rather than getting the floor for free.
Answered on Oct 27th, 2012 at 9:39 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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How is the customer supposed to not use the floor? File a lawsuit. Which court to file in will depend on how much money is at stake. Likely, the judge will make them pay something, but you will probably also get shorted somewhat. Maybe you can make a deal instead. Maybe if you hire a lawyer, he/she can put a deal together. Believe it or not, we do that all the time.
Answered on Oct 27th, 2012 at 9:38 AM
Construction Litigation Attorney serving Mission Viejo, CA
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Law Office of Christian F. Paul
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I presume you offered to correct whatever defects the customer is complaining about, and the customer has refused to allow you to do anything. If you are a licensed contractor, then you can record a claim of mechanic's lien and sue to foreclose the lien, and for breach of contract and other causes of action.? If your agreement has an attorney fees clause, you can ask for those on top of the value of the work installed, prejudgment interest, costs of suit, and perhaps other damages. There are strict rules about serving and recording mechanic's liens, and strict time deadlines as well, so you should consult an attorney to help you without delay.
Answered on Oct 25th, 2012 at 11:30 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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This is not really a personal injury question, however, you are entitled to compensation for the services you provided. If there are defects, the buyer may be entitled to an offset, but cannot completely avoid payment. You should offer to repair/replace the portions he is not happy with. If he refuses, you can sue for the full amount. Document all of your communications by either fax or email so there is a paper trail of you being reasonable.
Answered on Oct 25th, 2012 at 11:30 PM
I would say you have a claim for "quantum merit", for reasonable value of services rendered. Obviously they cannot use their room or rooms but they also cannot take advantage of a claim that "they don't like it." Did they take any action to have it redone? Did they ask you to redo it?
Answered on Oct 25th, 2012 at 11:28 PM
Thomas Edward Gates
Place a lien on the property.
Answered on Oct 25th, 2012 at 11:27 PM
You will likely have to sue them to get your money. You may also file a material man's lien on their property, but that is good only 1 year, and must be filed quickly. I think 90 days from the date work was completed. Judge can consider that they are using the floor, but that may not work. What choice do they have to become homeless?
Answered on Oct 25th, 2012 at 11:26 PM
Lisa Hurtado McDonnell
File a contractor lien against his property.
Answered on Oct 25th, 2012 at 11:24 PM