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Without deadline built into the written contract, there may not be a lot to sue over as they take their good time. Oral arrangements after the fact? Take a look at the contract again. If you signed one with THEIR boilerplate in it, modification are likely required to be in writing agreed to. The lesson is plain for the next time as to what to have put in writing in the first instance.
Reasonableness is understood to be every legal contract. Workmanlike work is warrantied in the common law and the UCC (unless you are in Louisiana), and consumer statutes like federal Magnusson-Moss and whatever state you happen to be in may apply as well.
Suing is for monetary loss. You would have to quantify your loss and inconvenience for it to be suable. Suing costs money. Small claims, while not requiring attorney's time and overhead, still requires your time to think it out, get the court forms, fill them out, gather evidence and witnesses (perhaps pay for an expert person or affidavit if you have to challenge the work of an expert tradesman like a plumber or contractor), still add up.
Suggestions for other kinds of advocacy are best explored before going the court route.
It sounds as if the seller tried to complete the job but was caught by their own surprise in not having the proper parts for their own job. It indicates they intend to get it done, but it also suggests that you are dealing with perhaps two kinds of less than stellar competence. One, knowing the proper fittings and parts for their own job goes to ability to do the job at all from a techical standpoint. Second, their organizational skills stink from a business standpoint; it cost money and lost effort for the contractor to screw up too. The less efficient the contractor, the less competent profitable for both them and you.
BTW, who is going to do service in the future? What options do you have? Warranties to claim on? Duration? Want to burn the bridge entirely?
They say that one dissatisfied customer tells 10 times as many people as does one happy, content customer. And here you are on an international automobile site telling the tale.
posted by 74.67.8...
, Fri, 30 Jun 2006 16:47:14
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