My husband and I hired a flooring company to install porcelain tile. The invoice for the job was $3700, including installation and some supplies (not including the tile). We were told the job would take 3-5 days max. We were told that the installation comes with a 1 year warranty. On day 8, the job was still not completed. We were told the job would be complete that day, and the guy working at our house that day said he needed to go to Lowe's for more supplies but would be back, and asked for the remainder amount due. I wrote a check and he did not return. The job is still not completed, as there are 15 tiles that need to be replaced and an area that is not grouted. They broke a part of our porcelain sink. He also has boxes of our porcelain tile that he removed from our garage without permission. They had our stove pulled out for so long that we were forced to feed our family outside of the home and spent a lot of money on food. I work from home and lost wages due to them having my phone in disarray for so long. The two partners of the company have now blocked my phone number and ceased contact. I tried to file a police report but was referred to small claims court.
Find an attorney who handles Consumer Law/ Deceptive Trade Practices Act cases. This might fit under the statute that allows the attorney to recover fees from the defendant.
Start making two types of calls:
2) Good contractors who can give you a written estimate so that you can accurately state your damages.
Beware that if the defendant is judgment proof then you might not ever see any of your money back.
Knowledge is power. Hire a professional to listen to all of the facts and help you make informed decisions.
Finish the job and track your costs associated with finishing it. Then seek out an attorney because a company that acts like this is not going to resolve the situation amicably.
1. check with the secretary state to determine if this is a company or sole proprietorship.
2. Have an attorney send out a Texas Deceptive Trade Practice Letter to the CEO of that company.
3. Depending upon the response, this should be followed by law suit in the County Civil Court or the District Court. I never use the Small Claim Court because the jurisdiction is limited to $10,000 and because you are entitled to treble damages. Also file a complaint with the Federal and State Consumer Protection Agency
When you have a services contract that is incomplete you must obtain bids to complete the services and Sue under breach of contract for that amount
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Get a consumer protection attorney and let them help you.
I disclaim everything and make no represention of the applicability or accuracy of anything I said here. You are not my client; i am not your attorney. I thought about making this disclaimer as a poem and quickly decided not to do so. Robert Frost can sleep easy.
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