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Question DetailsAsked on 11/18/2015

can i sue my window company for non completion impact windows installed never inspected. CITY WON'T PASS INSPECTION

It has been 2 years since start of replacement windows and doors.I was only off on Mondays.That is why it took forever. A BAD DOOR INSTALL TOOK THEM 5 TIMES TO STOP LEAKING . Meanwhile rain came in lifted my oak flooring . They gave me a credit toward the flOOR . I was so mad at them I reported the company to Rip off REPORTS. THEY WERE NOTIFIED RIGHT WHEN THEY WERE GOING TO CALL FOR INSPECTION AND NOW FOR SPITE ARE IGNORING ME.I did a change of contractor to go around them .I called for inspection -now there are things not correct about their construction and I won't pass. Do i get an attorney to make them fix whats wrong. There are 13 windows and 2 doors.Can I sue for non-completion of a job? They have all their money agreed on.When they gave me a credit for the floor I didn"t owe any more money so I have no leverage.How do I make them finish and close out the open permit on my property?

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4 Answers

Voted Best Answer
1
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Hmmm - since your name is now on the permit, could get sticky - unless the inspector agreed to this, because technically on a homeowner permit the work is supposed to be done by you, not a contractor in most jurisdictions. Anyway, since the original contractor's name is off the permit now, that pretty much sealed the chance of a good case against him I would say, when combined with the long delay.


Sounds like your alternative is to try to get the inspector to give you itemized list of deficiencies or at leat tellyou what he saw that was bad, then have second contractor fix them. No way to know what he said he did not like, but hopefully only flashing details or such, not something that will require removal of the windows or doors; Or replacement with different glass because the contrator did not order safety glass for glass near/in doors or near floor or such.

Answered 3 years ago by LCD

0
Votes

2 years, wow - that weakens your case a LOT. Even with only Mondays for work days still should not have taken more than maybe 3-4 weeks - a normal contrator would have that work done in 2-4 work days unless involved windows real high up or terribly large.


You don't say WHAT was wrong or deficient, but having changed contractor you put them in a position where they can claim all the defects were the fault of the second contractor - so if you cannot get him to remedy the deficiencies at a reasonable cost, you may have shot yourself in the foot.


Ditto about the other foot for having done a review or ripoff report before the contract was closed out.


And of course, you don't need me to tell you that paying them the full amount of the contract was a mistake too - the most you will likely get back from them is the credit amount (assuming it was in writing), because with the credit taken into account you overpaid, so they have to refund the credit amount at least in that event.


Certainly you could sue - talk to an attorney, but I doubt after seeing the above or hearing the tale you will find one that will advise suing unlaess he is just plain greedy for your money. Most would likely say that by bringing a new contractor on the job you voluntarily terminated the first contractor and abrogated his responsibility to get the project to pass inspection. And that might be why the contractor is ignoring your attempts to contact him (plus the fact he probably has you marked down as a trouble client), because in his eyes you have terminated him. Leastaways, that's how I see it.


Had you put in a claim as soon as they said they were done and you did not agree, of course with a substantial final payment remaining due them you would have had some leverage, as you said. You could also have filed a claim with their Bond company for completion if they refused, but with the timeframe involved and the second contractor issue, would be a VERY tough row to hoe at this point, though you could try.


You did not say WHAT waork the second contractor did, if any other than calling for inspection. You also did not say what the second contractor said (if he said) the repair cost would be to make it pass inspection - might be better off just trying to get the credit $ from contractor #1 (along with mutually signed/dated termination agreement on contract and any refund and lien releases from him and his supplier) and then having second contractor do the work necessary to get it to pass.

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Here is a somewhat similar story with response which might be of interest and a bit instructional too -


https://answers.angieslist.com/What-M...


And of course, after all is said and done - maybe do an appropriate Review on AL - subject to attorney concurrence/vetting (to avoid conflicts with any settlement terms).

Answered 3 years ago by LCD

0
Votes

To clarify more on my window and door installation-I did still owe him a balance on the window project and he wiped out the balance with his credit when i showed him the damage to my floor from their bad installation.I haven't waited 2 years to report this to anyone. They just finished ajusting the door for the 5th time- took the entire jam off and started over. They did solve the leak issue. The company was calling for inspection when they were notified about the bad report i put on them so now they stopped talking to me. I agree I SHOT MYSELF IN THE FOOT but I have had quite enough from them. They have not been told that I PUT MYSELF AS THE CONTRACTOR SO I DON'T HAVE TO DEAL WITH THEM ANY MORE. I called for the inspection and already the 1st window the inspector looked at the inspector said was not installed correctly. The city inspector is comig back so at this time I don't know what all is involved in making it correct to pass inspection.Putting my name as contractor was suggested to me by the city because no money is owing on my part and they didn't think they plan to call in the inspection ever.No work has actually been done by a second contractor. At this point I will hire someone to fix what is wrong so it can pass. The contractor and crew were so lame about tools , showing up late in the day ,leaving early -it's no wonder it took 2 years to complete.A realative also signed up with this company and hers took almost as long. What really is a kicker was when I ordered these windows I was off work for 8 weeks recovering from surergy--they had 8 weeks to do the job ---had every excuse -didn't have the windows ordered - over xmas the plant closes etc. etc. the week I returned to work is when i got the call that they were ready to start my project.The windows mostly are in a florida room and are very large.THERE ARE 11 WINDOWS JUST IN THE florida room.I placed the order for this project NOV 13.AND THEY DIDN'T START UNTIL BEGINNING OF APRIL /14.

Source: OWNER

Answered 3 years ago by designergirl

1
Vote

Yeah - guess you know now that if he had not ordered the materials in a timely fashioon to be able to meet the 8 week schedule, THAT was an indication of his incompetence/ inability to complete the work on time and was the time to dump him. But a VERY common error - final paying before the final inspection, or letting a contractor dabble on too long without performing in a timely or workmanlike manner is a very common way for homeowners to get in trouble on a job, so you certainly are not alone.


Well - if they just very recently finished the work, I guess that might leave open the door to calling their Bond, to pay for the remedial work the inspector requires - the better detail you can get him to put on the inspection report about what is needed to approve the job the better, of course.


You could also, once you have that, send a copy with registered or certified return receipt letter to the contractor demanding that he remedy the deficiencies and take all measures necesary to obtain a passing inspection within X timeframe (like 1-2 weeks unless very unsubstantial lwork needed) or you will call (file a claim against) his bond.


Is less expensive and aggressie than a lawsuit (which option would still be open to you), which I am guess might not be worth it unless the windows/doors have to come out, which I doubt. I would suspect you are probably looking at probably (though no way to know for sure sight unseen) a few hundred to maybe a grand or two remedial work ASSUMING the actual window unit/glazing (glass) is legal - i.e. shatterproof where required, meets local energy rating requirements, etc).

Answered 3 years ago by LCD

0
Votes

thanks for your input. This has already been a nightmare . Hopefully it won't be too detailed to fix whats wrong and get it passed.I may do as you suggested and find out about the contractors bond.

Source: owner

Answered 3 years ago by designergirl




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