If I have paid for a humidifier and the HVAC company will not complete the work., what recourse do I have to ensure the work is done?

Bid was prepared 7months ago which included replacement of the furnace, AC unit and humidifier. All work except for the humdifier was complete 2 months later. The business owner keeps putting me off and will not commit to a date, just that they will get the work done by the end of last month which has passed with no work was completed. He won’t return my calls.

Asked on July 10, 2012 under Business Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, it seems as though you are in contract with a licensed contractor with respect to the furnace, HVAC, and humidifier.

I would write the contractor a letter giving him a set date for completion of the paid project. Keep a copy of the letter for future use and need.

If the completion date comes and goes, you have the following options:

1. make a complaint with your state's contractor's licensing board against the contractor and/or;

2. consult with an attorney who practices in the area of construction law;

3. hire another contractor to finish the work of improvement and sue the initial contractor for the cost of the second contractor to finish the job.

Stephen Harkess / Harkess & Salter LLC

Answered 8 years ago | Contributor

You can obtain a bid from another contractor or hire someone else to complete the work.  Then you can sue the original contractor for breach of contract to recover any cost in excess of what you originally had to pay for the project.  If the amount is less than $7,500, you can bring the case in small claims court.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

And I am sure that you paid him in full, correct?  What you may want to do is to go and speak with an attorney about writing a letter on your behalf.  You have a rbeach of the contract/agreement and unfortuanntley you can not deal with that in small claims court.  So a full blown lawsuit is what you would have to do to compel him to finish the work.  So starting with a letter to shake him up and maybe get him to act is a cheaper way to go.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.