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 checked.
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 again.
Do most waterproofing companies put it back together again?
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 this.)
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 pest!
All of your advice is very good, except I'm not sure about probably 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?
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 don't know. I guess I will take them to small claims court.
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 small claims.
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. !!)
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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