How do I get a company to honor a contract?
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How do I get a company to honor a contract?
One year ago I hired a crawl space company to brace the underneath of my floor with girders, as the floorwooden was separating from the walls. This they did. But in January of 2019 I saw that the floor was again separating from the wall and called them. They sent someone out who said it was natural settling of the wood used, and they would fix it at no cost. One month later, having never heard back, I called them again. They sent someone else. Three times now-until May of 2019-this guy blew me off by never following up to arrange the work. I sent a letter to the company owner and received a reply stating ‘we hear ‘ya’ about this guy-I said I didn’t want him involved again-and this person who replied said they would get to me, but it might be a few weeks. One month has again passed and no word. I can understand that work they will be paid for might take precedence but I do have a warranty of 30 years. So what do I do now? I would like to hire someone else and have the former company pay for this, but I imagine I have to give them an ‘opportunity’. But it seems to me I have.
Asked on July 18, 2019 under Business Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You sue them for "breach of contract" for not honoring the warranty, which is a contract, for the damages or losses you thereby suffered or incurred, such as the cost to have someone else do the work. If under the plain terms of the warranty, they have to fix the floor, then if the violate that obligation, they are liable for your costs.
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