We just had basementsystems.com put a french drain in our basement.
They took down some stairs and took apart the foundation that holds
the washer and dryer. The salesmen said they would put it back. But
he did not put that in writing. My significan other should have
After they took everything apart they said they do not put it back
together again. Since we don't have it in writing is there anything
we can do? I mean how about forcing them to give us a bit of a
discount? We both heard him saying they would put it back together
Do most waterproofing companies put it back together again?
The squeaky wheel gets the grease!
Be "squeaky"... First ask nicely. Call the salesman and remind him of what
he said and ask the work be finished as he promised.
If that does not work, call and speak to the manager.
If no results, tell them you are going to complain to the BBB, state
contractors [whatever], TV stations, newspapers, etc. (Unless they resolve
They probably do not have to do what is not in writing. (Legally), however
many companies will try to satisfy customers. Or may get tired of you
calling and just want to solve your situation so you will go away. Be a
"Healthy Stealthy" wrote in message
don't have to do what is not in writing.
Some contracts, at least long contracts, have a clause that says,
"This is the entire contract and nothing verbal spoken by anyone is
part of the contract." I have a feeling that this plumbing contract
doesn't have that. OP, please let me know either way.
Don't they usually just say, "Install French drain. 3000 dollars."?
Isn't that the typical contract? Plus or minus a couple lines.
But even if it does have something like that it may be poorly written.
And if it is not there for sure, in small claims court, the judge or
hearing officer may decide that you two have no ability to reassemble
the "foundation" (I think you need to find the correct word for this)
or to lift the washer or dryer on to them, and therefore you only
agreed to have them take it apart if they also agreed to put things
back together again. Plus both of you will testify to this. Your
testimony is evidence. People are not assumed to have 100%
credibility, and that there are two of you and one of him doesn't
guarantee that you win either. But it doesn't hurt.
Is this foundation or the washer and dryer even mentioned in the
contracxt? If NOT, it seems for sure that anything they take apart
they have to put back together again.
As to preparing for small claims court, you probably have to have a
bill or an estimate for someone to put it back together again.
Haven't seen it and don't know if you actually need a plumber or not.
If you don't have a bill or estimate because you can do it yourselves,
it probably wouldn't take more than a half hour or hour, and
apparently courts won't pay you for your own time, but still, after
you'd done everything Bill says, I'd just forget about the claim, do
it yourselves, and tell them how they will never get a referral from
you. In fact, the first couple times I found omeone who needed one,
or even who didn't need one, I'd call up the boss and tell him how he
coudl have gotten a referral but didn't.
My friend had a french drain put in, at a good price by a guy working
on his own, and she says it's the best money she ever spent. She will
undoubtedly refer anyone she meets to this guy.
Do not threaten. "There is no threaten. There is only "do!"
After escalating the complaint thru the company's chain of command, send a
certified letter outlining your demands. If no acceptable action, drop a
suit for the entire amount in small claims court.
Thanks for the feedback.
These guys seemed to have taken apart the wood in a way that leave the
wood not in the same condition as it was.
The owner on the phone said "he would not want his guys to put it back
together again since none of them are carpenters." As a result, I do
not want these guys putting the stairs back up or the foundation for
the washer dryer. Therefore, I don't think I should have to pay the
entire amount. I think the price it will take a carpeter to do it
should be reduced from the price of my invoice. Or, mabye not pay
any? We are paying half the price until the town's people come to see
everything was done correctly.
This company is in Allendale PA. If I go to Small Claims court do they
have to come to my area which is NY?
On Fri, 20 Jul 2007 13:42:19 -0000, Healthy Stealthy
On what basis do you get the notion, not pay any?
So are they convicts? Maybe work release?
Are you sure they don't have any address in NY? I'm not sure the
details or if this applies to them, but in order to sue a company or
person that is entirely out of state, like someone you dealt with only
by mail or maybe only by mail and internet, you can't sue in small
claims. You may have to sue in federal court, and there is no federal
So it's good that you still have the money. In order to sue you, they
have to come to NY
This is way beyond me. People do business with out of state companies
all the time, and companies do business with out of state people all
the time. I don't know how they resolve problems.
I bought the parts for my previous computer at a hamfest in Baltimore,
and the company was in Virginia, and the on-board flopppy drive
connector wouldn't work and they were terrible to deal with, and I
resolved not to buy anything expensive from out of state, but in your
case you still have the money and the french drain, which I guess
works. I didn't have the money or a working mobo.
(They wouldn't let me come to Va, near DC, to fix my mobo situation.
They wanted me to mail it, which meant being without a cmputer for at
least a week, maybe a month. But they finally let me drive down
there, and they got it to work somehow but it never worked for me, so
I spent years with the flooppy plugged into an I/O card, which was ok.
They no longer do business at computer fests or hamfests. When I was
there they told me they don't give good service anymore because they
nearly went broke giving good service. !!)
Reputable companies do things in a 'workmanlike manner" and that is what you
should expect. If they are going to take something apart, it should either
be put back together, or it should be specified that it will not be. You
hire professional to do specific work. You should politely ask that they do
things as professions. If they refuse, then escalate. First, call the
salesman. Remind him that you would like to give their name to others for
the good work they did, but under the circumstances, you cannot. If he
can't get it done, call the owner. After that you have little choice but to
resort to small claims court.
Always maintain your dignity and be pleasant. Don't givethem a chance to use
anything against you.
Thanks. I already told them I will do what I can to warn others about
them. But I want to keep cool.
They claim that the "salesman got fired." Well if that's the issue I
I guess I will take them to small claims court.
Look at your written contract. Does it have a phrase that says "This is the
entire contract and there are no oral representations...." that is a
intergration clause and if you sued, the oral promises would probably be
ignored by the court.
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