What to do if my replacement windows did not get installed before the tax credit deadline as promised?

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What to do if my replacement windows did not get installed before the tax credit deadline as promised?

They told me if they didn’t get them in they would take the 30% off my bill and now they are talking like they won’t do that . Should I just take it off the final bill when they are finished being installed?

Asked on January 30, 2011 under General Practice, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was an agreement, oral (verbal) or written, that there would be a discount if the windows were not installed by a certain time, you may enforce that agreement. However, note that while oral agreements are enforceable, they can be very difficult to prove if the other party disagrees. Therefore, you need to consider that if you don't have evidence of the agreement and do not the contractor the full amount, they will very likely do one or both of: (1) sue you for the balance or difference; or (2) file a contractors lien on your property. Therefore, if you don't pay and can't work something out, you will likely find yourself in litigation. At that point, without evidence other than your own testimony, there is a good chance you'd lose.


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