If we hired a painting company to do exterior painting for our house and they damaged out A/C unit, can we claim this damage?

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If we hired a painting company to do exterior painting for our house and they damaged out A/C unit, can we claim this damage?

They finished their work in 5 days. On day 3, we found out the our air conditioner was not working, the fan at the com-pressure unit (outside the house) was not fan. The A/C technician came on day 6 and found out that the compressor got a big puncture on the side which caused the refrigerant to leak out quickly. The painting company denied that they did it. We already paid them in full. Can we stop payment? Can we do anything about it?

Asked on September 29, 2012 under Business Law, California

Answers:

Ian Kravitz / Malka & Kravitz, P.A.

Answered 8 years ago | Contributor

I would not stop payment on the check.  your proper course of action is to file suit to recover the damages caused. Be advised however, that in in Florida, there are certain statutory provisions that must be complied with prior to bringing suit.  Chapter 558 of the Florida Statutes in particular requires your attention.

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I would recommend going to the self-help center at your local court house and suing the company yourself in small claims court.  You will need to do a ficticuous business name search to determine the owner of the business--to determine who you should be suing.  But, I don't think the dollar value of your loss really justifies spending money on retaining an attorney.


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