What can we do if we’re having an antique bench repaired by a business, and the owner continues to push back the delivery date, even though the original estimate was 2-3 weeks?

It’s been about 3.5 months now. No contract was signed. We even rented a U-haul and scheduled a time to come pick it up but the owner did not show up.

Asked on September 12, 2015 under Business Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Even if there was no written contract, if there was an oral agreement as to when, how, etc. he would fix the bench and he has violated that agreement, you can sue him for breach of contract. You could sue him for a court order requiring him to complete the work and return the bench and/or for the monetary value of the bench you could also sue him for other costs like the U-haul rental he caused you to incur. This would be how you could force him to finish and return the bench, ir if he somehow lost or ruined it, pay you compensation.


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