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Botched Window installation, no contract and no deposit was payed!

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Posted by: from Havelock
10/17/2017 at 1:24:57 PM

If I hire a contractor "big company" to install lets say "windows and doors" and they botch the installs, they make a huge mess of the exterior cladding, can I hire someone else to fix it? I have no contract, no money was given to the contractor/ company (not even a deposit), the contractor refuses to fix the problems, what can I do? can I just go ahead and hire another contractor to repair and finish the work? pay original company the difference less the repair bill?

REPLIES (8)
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Date/Time10/17/2017 at 4:13:31 PM

1. Speak with a lawyer before engaging in any further dialogue with contractor.

2. If you signed off on their quote, that takes the place of a formal contract, in which you agreed to pay for the stated services.

3. Speak with a Lawyer

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Homestead Custom Carpentry Inc. in Red Deer
Date/Time10/17/2017 at 4:18:47 PM

This is one of those terribly unfortunate situations. Assuming it was "normal" circumstances, as a contractor I would assume responsibility and make it right. Sometimes owner expectations exceed what might be considered "reasonable" work. If he flat out refuses to improve on blatant deficiencies, or if you aren't comfortable having him continue, its best to cut ties, and he should anticipate taking a hit on the labor, but it would be best to attempt to come to an understanding sooner than later because avoiding the problem will not resolve it.

I'm not sure where you found this guy, but please in the future, do some background work - reference checks, etc as it can help prequalify potential contractors.

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Sean in Havelock
Date/Time10/17/2017 at 4:57:41 PM

I did research the company, it's a fairly large custom window manufacturer and installer, you quite likely know them! they did want a deposit and I told them when the products are manufactured and everything measured is correct then I would be happy to pay the deposit, they never asked again! the installers showed up and completely botched the install of 90% of the windows, the metal work is horrible, they made a huge mess with the calking, gaps everywhere, looks like it was built out of scrap metal! it took 5 weeks for their install manager to come look, he didnt even bring a ladder, told me I was "nit picking" and that they are not interested in repairing the huge mess, I told them I have all their money and he said they will just put a lien on my home! I submitted a review with pictures on this site. Seeing as how I have all the money, did not even give them one cent, can I just hire someone else to repair/finish exterior work? pay Fersina the difference? it's getting close to winter and I want it done asap! they opted out of repairing or redoing all the cladding and I don't want to argue with them anymore! I have many photo's and several affidavits from contractors whom say work was not done properly! they even go so far as to say that considering the mess they made I wont have a problem if it goes to court, it's that bad!, the pictures tell all!


Botched Window installation, no contract and no deposit was payed!

Botched Window installation, no contract and no deposit was payed!

Botched Window installation, no contract and no deposit was payed!

Botched Window installation, no contract and no deposit was payed!
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Date/Time10/17/2017 at 6:21:09 PM

Take lots of pictures and document everything

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Date/Time10/17/2017 at 6:58:58 PM

Big company "no contract" Ridiculous..

Get it fixed Deduct your true costs and wait till they want to collect. Sad business practices.

Unfortunate

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Date/Time10/18/2017 at 6:37:49 AM

A Written quote or Estimate is the same as a contract but usually only when Money/Deposit

has been paid. You have agreed to pay the amount stated in the Estimate for the work preformed and supplied by the contractor. If some of this work was not preformed or supplied as stated , you will have a clear case but if some work was" Hear Say" and only "Verbal Mention" but never preformed, unfortunately it would be up to a Judge to decide in the end. Take lots of Pictures, Hire another Contractor and send first contractor a cheque for the difference .

Good Luck

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Sean in Havelock
Date/Time10/18/2017 at 12:17:44 PM

so... as to the images I posted above, am I "nit-picking"? would any of you not be upset with this work? would any of you pay for this?

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George in Pointe Claire
Date/Time10/22/2017 at 11:19:34 PM

I personnaly would not pay for this, and second i would get a well known company that install windows and have them access the damage and see what they could do. and if noting was given to the other window company leave it at that! just don't bother with them. but have the new company document what all is wrong and keep it for future reference just incase.

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