If I had window replacements done in my home but am dissatisfied with the product and the work, what action I can take?

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If I had window replacements done in my home but am dissatisfied with the product and the work, what action I can take?

I haven’t paid anything yet.

Asked on January 3, 2012 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, try to negotiate or settle with the contractor--that's always preferable to litigation.

If that doesn't work, you can either pay him what is owed, then sue to recover some portion of it, or you could not pay him the full amount, then see if he sues you. The first option requires you to try to recover your money; the second option keeps the money in your pocket and puts the contractor in the position of having to sue you if he wants more--but potentially makes you vulnterable to having a contractor's lien put against your home, as well as a judgment against you (if the contractor wins) on your credit report.

Note that just not being satisfied is not enough: to have legal grounds to not pay, either--

1) the work didn't match the written specs or requirements; or

2) either the work or the product was defective--that is, not up to acceptable commercial standards, or installed broken or improperly, or not the correct windows for your usage, etc.

There has to be something "objectively" wrong--it's not enough that you find yourself not satisfied.

 


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