You sue both the store and the installer. You will need paid reciepts for the repairs to prove damages and you will need an expert to testify as to what was wrong with the installation and how it was corrected. Preferably this would be a licensed contractor who actually did the repair. You can sue in small claims court but if your damages exceed the jurisdictional limits of the small claims court then I suggest you retain an attorney and sue in district court.
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Sue both store and installer. That way when you go to court they are both there and no one else to blame.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
You sue them both. Generally the store has an indemnity agreement from the installer, and will put pressure on the installer to resolve the dispute.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
I agree. If you feel you have the store and installer every opportunity to make it right, if you bring suit you need to sue them both. In Missouri our small claims court does not allow laywers to participate. Check into you state's small claims limits and procedures before you hire an attorney.
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