My furnace went out and a technician came out to fix it. The first technician replaced a part and charged me $305 and left before even seeing if it worked. 5 minutes after he left, it stopped working again and a second technician came out to repair it and charged $135 and refused to refund the original work done. I figured that was fine considering both technicians used their time. I had to leave that evening out of state but, luckily, had a smart thermostat so I could monitor the furnace. When I woke up the next day the house was 95 degrees and climbing. Apparently the second technician forgot to hook it back up to the thermostat and it couldn't turn itself off. I had to drive 3hrs back home and cancel my nonrefundable room for the weekend to manually shut the system off. The company is refusing to refund me for any of the work even though the technician admitted it was his fault the system wasn't working. Can I take them to small claims court for a refund of the service provided? If not, can I take them to small claims court for the wasted gas bill (it was 0 degrees out that day), and for my gas and room? I appreciate any advice you have regarding this matter!
Short of actually taking this company into small claims court and chasing good money after bad, your best course of action might be to send a very strongly worded demand letter from an attorney's letterhead. Sometimes the threat of a lawsuit alone is all you need to scare the company into refunding your money. Alternatively, you could give the company a terrible Yelp review or bad reviews on social media. A lot of times a company will be willing to work with you from that point just so they don't look so bad publicly. This information is not intended as legal advice and is provided for general informational purposes only. But if you feel like you want to pursue legal action against this company, you should consider contacting an attorney.
You certainly can try taking them to court. And it sounds like you could win at least some of the cost if either tech's work was bad. If each charge was proper for the work done (and don't overlap in terms of travel time....) then you may not win, because this would be a suit on contract, not negligence, and the courts recently have said that negligent contractors are only liable for damage to work, not to other costs and aggravation. And the second tech should have gone out to hook up the stat - you basically cured his breach of contract.
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