Question for the Attorneys in the House!

[bulldog12]

Ok I need a little advice here. I signed a work order agreement with Carolina Gutter Magic for them to put up the gutter guard system for us. I am NOT the home owner. My dad owns this property. They have done a terrible job and lied all along the way about what they were going to do. I am going to talk with the owner tommorrow and tell them that I want this "you know what" off of my dad's house. My question: Do they have any legal recourse when I am not the home owner?

Thanks

[Minuteman]

I'm not a lawyer, but I did stay at a Holiday Inn Express...

I don't think who the homeowner is has bearing. You signed a contract with them to hang gutters on a house. You could have signed to hang gutters on the shrubbery, and the contract would still be between them and you. If there are workmanship issues, I'd suggest you take some pictures and take it up with the installers, then the company owners, then corporate (if there is one). IF you don't get satisfaction that way, I'd go to the BBB, then small claims. Key here is to get some detailed pictures and look over the contract to see exactly what it says about workmanship.

Good luck... never can tell how these will turn out.

[Nina51]

i would say the same thing. since you signed the contract, it's between you and them. if it's a fly-by-night outfit, you'll probably be pi**in' up a rope but if they are reputable, they will want to make it good.

if you don't get anywhere with them, it would be worth 25 or 30 bucks to have an attorney write a simple "do this or else" letter. you'd be surprised how a letter like that makes people like that jump through hoops to please you.

[bulldog12]

Well they don't have a cent of our money yet, and I'm not planning on giving them any. I just want the junk off the house. I didn't mention some things so here goes. They have caused both exterior and interior damage to the home by being careless on the roof. We now have a huge leak in the interior of the house. With the lies and junk like that I am just done with them.

[Muttling]

I'll throw my backing in with the above crowd, but add a little info.


They don't have a potential lein against your dad's property since the property owner didn't sign the contract agreement for the work. In short, you don't have authority to authorize a lein against the property so they can't make such a claim based on non-payment.

However, they have every right to pursue you personally for payment and you have every right to pursue them for failure to deliver on a contractual agreement.

The BBB is a good place to start, but they have no teeth what so ever. They can give you good advice on how to proceed, but are able to do little else.

Depending on the extent of the damage done, it may be worth your while to consult an attorney and take civil action against them. They are potentially liable for the damages you talk about, but it isn't cheap to seek compensation for such damages.

[clavery]

lbrty9 had a great point. Take Pictures!!!!! I can't say that enough. We had a guy come in to put in a new front lawn. We signed a contract and he ended up only pulling up 1/2 the lawn, left all the dug-up lawn on the road in front of the house, did a terrible, patchy job with the top soil, and it was a mess. I promptly took many pictures for the record.

I had given him a deposit and the balance when it was done. (I think my husband paid him the remainder while I was at work). Well, I promptly cancelled the second check with the bank, and when he called to get the money back, I told him I'd taken many pictures, would call BBB and would sue him, and he backed off.

Take pictures right away. Then confront him and see what he does. You may still have to take legal action, but the pictures are key.

Good luck and keep us posted.

Cheryl

[bulldog12]

Originally posted by clavery
lbrty9 had a great point. Take Pictures!!!!! I can't say that enough. We had a guy come in to put in a new front lawn. We signed a contract and he ended up only pulling up 1/2 the lawn, left all the dug-up lawn on the road in front of the house, did a terrible, patchy job with the top soil, and it was a mess. I promptly took many pictures for the record.

I had given him a deposit and the balance when it was done. (I think my husband paid him the remainder while I was at work). Well, I promptly cancelled the second check with the bank, and when he called to get the money back, I told him I'd taken many pictures, would call BBB and would sue him, and he backed off.

Take pictures right away. Then confront him and see what he does. You may still have to take legal action, but the pictures are key.

Good luck and keep us posted.

Cheryl

Thanks for the help guys. Oh yeah I took a bunch of pictures. ;)

[Bass Master]

I'm a contractor and if the job isn't done right, I don't expect to get paid. Homeowner or not, you signed the contract and if you are not satisfied you don't have to pay until the contractor fixes the problem.

[Nina51]

well now, that sheds a whole new light on the situation. i agree, i would not pay a red cent (or a green one or blue one for that matter) until the job is done to your satisfaction.

now, having said that, do you really want these people back who may potentially do MORE damage to the house? you're between a rock and a hard place, for sure.

[bulldog12]

Originally posted by Ninapearl
well now, that sheds a whole new light on the situation. i agree, i would not pay a red cent (or a green one or blue one for that matter) until the job is done to your satisfaction.

now, having said that, do you really want these people back who may potentially do MORE damage to the house? you're between a rock and a hard place, for sure.

NO, I don't want them back, but I know I have to at least let them get this junk off my house. Right? Cause I am definitely NOT paying.

[bulldog12]

Originally posted by Ninapearl
well now, that sheds a whole new light on the situation. i agree, i would not pay a red cent (or a green one or blue one for that matter) until the job is done to your satisfaction.

now, having said that, do you really want these people back who may potentially do MORE damage to the house? you're between a rock and a hard place, for sure.

I need some advice on this as well. Remember me telling you guys the owner had lied to me? Well before they even started the job he had told me that all the gutter guard panels are precut to my house and he could not take them back. Well in the course of the installation I pulled one of the workers away from the head installer and he said they are all the same length and nothing is precut until on the job. So I my mind this guy deserves nothing if he is going to lie about stuff like this. I would have been more than happy to pay for his company's gas money and expenses for driving back to the warehouse, but no he had to lie.

[Bass Master]

Gutterguards are not pre-cut so to speak. They are made/cut on site. The company should have a machine set up in a box truck and "roll out" any length gutter guard they need. This being said, if they did cut them on site, yes , they would be specific to your house. DON'T PAY A DIME UNTIL YOU ARE SATISFIED. It's your/ dad's house. If you have a legitimate gripe the contractor doesn't have a leg to stand on - until said contractor makes the homeowner happy.