Make a company complete a paid for job

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Make a company complete a paid for job

Hired and paid company to replace A/C duct work in home. The duct work failed. The company came back and said the job done in my house was all wrong and the man who designed my project was on drugs and they were having to redo other projects he supervised. This supervisor has since been fired from their company. Since then, the company did a temporary repair and have completely disappeared. It’s been weeks, they don’t answer their phone or return calls. Also, while doing temporary repair they put a large hole in my ceiling. I don’t know what to do. I’ve already paid $5,000.

Asked on August 19, 2019 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Legally, you would sue for "breach of contract" for the cost to correct and complete the job, as well as repair any damage done. There was an agreement (whether written or oral) for them to do certain work in exchange for pay; you did your part and paid them, so they are obligated to do their part and do the work properly. Further, if anyone carelessly or negligently causes you damage or to incur costs, they are responsible for the damage done; and an employer is resonsible for their employee(s) do--or fail to do--their jobs under the legal theory of "respondeat superior." So suing is your recourse.
If the company had been an LLC or corporation, you can only sue the company, not the owner(s) personally. That means that if the company is now out of business, has no assets or money, dissolved, etc., you will not recover anything. You can only get money from an in-existance LLC or corporation which has the assets or income to pay you. However, the LLC or corporation still exists and is operating, even if someone new owns it, the LLC or corporation would still be responsible and could still be sued.
If the company had not been an LLC or corporation but a sole proprietorship (i.e. the owner simply "doing business as" the company name), the owner is personally liable for what his company did, and you could sue him personally.
 


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