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One more lawyer's two cents
Posted by davidgmills [Email] (more from davidgmills) on Mon, 11 May 2009 15:13:07
In Reply to: Well thank you for all your thoughtful replies, 00 9-3 SE, Sun, 10 May 2009 09:55:56
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There is something in contract law called "substantial completion." It sounds like to me they "substantially completed" the work which usually entitles them to most or all of the money you agreed to pay.
No judge is likely to let you off the hook for paying 20% of the bill if they did 90% of the work.
Even a bad driveway job probably improved the value of your property.
So you might be entitled to some discount for their work, but don't expect to get off Scot free.
If I were the judge, what I would be looking at is your cost to make the driveway done correctly -- go get a bid for the necessary repairs -- and then I would deduct that from what they say you owe.
Now if I really felt you had been truly scammed, then I might see if I could find some way to punish them for their wrongdoing. But if the charge was a reasonable charge in the community and they just simply were not up to the task and I felt their poor work was unintentional or perhaps not even their fault, then I would probably give you a discount for the repairs to get it up to spec, and that is about it.
Just the way I would look at it from a practical matter.
But as others have pointed out, states have very different laws on many things and you might be in a state that really favors you, or you might be in a state that really favors them.
posted by 75.65.91...
Posts in this Thread:
- Are there any lawyers here? I have a slight problem., 00 9-3 SE, Thu, 7 May 2009 07:46:46
- Well thank you for all your thoughtful replies, 00 9-3 SE, Sun, 10 May 2009 09:55:56
- Talk to your Home Owners Ins. Company..., KB900psi, Fri, 8 May 2009 13:09:32
- Re: Are there any lawyers here? I have a slight problem., JohnA , Thu, 7 May 2009 21:35:03
- A thought or so.........., Herb Hirsch , Thu, 7 May 2009 13:37:12
- Re: Are there any lawyers here? I have a slight problem., No Snaab, Thu, 7 May 2009 12:36:23
- Re: Are there any lawyers here? I have a slight problem., steve, Thu, 7 May 2009 09:01:34
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