If I ordered new parts for my in track swimming pool, can they come on my property and install them without notifying me?

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If I ordered new parts for my in track swimming pool, can they come on my property and install them without notifying me?

The first time I opened my swimming pool cover after they serviced it the cover would not open. The new part was installed incorrectly and caused an additional $950 worth of damage to the cover. The pool company will not return my call or look at the damages. They just tell me a new cover is $950 and must be paid up front before they will service me. What are my right? What can I do?

Asked on August 25, 2012 under General Practice, Indiana

Answers:

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

Answered 8 years ago | Contributor

I think that you know that you are going to have to sue the company probably in small claims court.  What you are going to have to do is to have another company come and give you an estimate for the repair and indicate what they did wrong to cause the additional damage.  They should have called to schedule the installation but it may not have mattered if you weer there or not.  Would you have known that they installed it improperly?  And would the damage have been mitigated in any way?  Good luck.


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