Bought steel bldg online (~$6500), paid small deposit (~900) - balance due at completion of setup. Prepared gravel site for building. Installers arrived, went over paper work and asked for bldg location, I pointed out the site and work began. They set the building on my lawn; building is actually ~ 3 feet outside the gravel area. When I realized error the installer was made aware this was not ok. His response was that the building could be damaged if taken apart to move, so I reluctantly allowed them to continue thinking it wouldn't be a huge deal to remedy the error. I now realize it is a big deal and I do not wish to spend the time or money. The company refuses to move the building and is threatening to send the case to collection. Not acceptable.
Whether you have any recourse against the company depends upon what the terms were regarding your purchase and the installation services. It is likely that there are some terms that will cover this issue (probably in favor of the manufacturer and/or installer). You should review all the terms and if you still believe you can refuse to pay, you should point out those terms to the company and see what they do. If they still refuse to fix the problem, then you should consult an attorney to discuss your options.
Contact an attorney to prepare a demand letter upon the construction company. The letter should advise the contractor of the error and advise them to put their insurance carrier on notice of the claim.
Sounds like something you may be able to beat the other side to the punch on, and handle yourself in small claims court, if you are brave enough. I would suggest first getting an estimate or two to move the building as may be necessary, and try to have those contractors providing the estimate put in a sentence or two as to what the current installation deficiency is, ie, why it is not suitable for its intended purpose as currently installed. You have now calculated your "damages" on account of the deficient installation, and you can either pay the difference between what you currently owe and the estimate to move/correct the installation error, or you can simply sue the installer for the cost of repair - they would have to enter an appearance and counter-sue you for the cost of the install, to which your defense will be....faulty installation! Good luck!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline