How to I proceed to make a case for a breach of contract with an improperly installed dry basement system?
Question Details:
System installed 2 years ago. Water problems this year lead to investigation of system showing it was not installed correctly. The company is denying this and refuses to cover costs for fixing the system and returning us to whole. What is the next step?
I'm assuming the problem is only related to fixing the installation - there was no damage cause by water, etc. (such damage would be a separate tort claim). Also, we'll assume that there was a valid contract between you which you have proof of, and the company is still in business.
You'd have to prove that the installation company breached the contract, and that breach was the cause of the problem. The burden is on you, the plaintiff. If you had some sort of inspection done and a report from that, it would be helpful. Then they may be liable for the cost of repair.
Keep in mind, even if you get a judgment and award in your favor, collecting it is usually more difficult than the suit itself. Since it's a business and not an individual it may be a little easier, but it's still always a challenge locating and appropriate assets.
