We hired a company to install 5 windows. After some back and forth where we changed the ratio of the transom over picture and transom over casement (email supported) we signed a contract and paid the deposit. Upon installation it was discovered that only 3 of the 5 windows were correct. Three were installed with the new and desired ratio but the other two with the old measurements. While initially offering to fix the windows at no cost to us, they have now twice changed the size/ratio of what they can offer ( we are told due to window ratio/weight restrictions) and it will result in mismatched windows which is not acceptable to us. The gentleman who installed the windows presented me with a final bill (which I didn't pay as I was not satisfied) but it was the old contract/quote- not the one I signed.
Despite offering to accept payment for the three correct windows ( which we made in good faith) they have now , after payment, rescinded this offer and are demanding full payment before they will proceed to fix the issue.
Does their inability to install the remaining two windows (per the contract) constitute contract default on their part ? What should be my next steps to get this rectified ?
Many thanks...Susan
I'm not lawyer and this is not legal advice...
Sounds like they have broken their contract. If you have a signed contract and they have not met the terms of the contract do not pay them until they met those terms.
If the windows couldn't be made or installed to your agreed upon specifications. It was their responsibility as the professionals to sort that out with you before going ahead with the install.
At this point I would get other opinions and quotes to fix the work from other window companies, as there may or may not be any validity to their claims.
After you get another opinion and understand how to remedy situation, give them a set period of time to remedy their work (e.g a month or so as they likely need to order new windows). If they do not meet the deadline hire someone else to finish to the job.
Get everything in writing! I would stop talking by phone and ask them to correspond by email. If you don't understand an email ask for clarification. Important to make sure you have a paper trail (emails) as backup in case of legal action.
Good luck!
Hi Susan,
I agree 100% with Mike.
Not an enviable position you are in.
I don't recall if Mike made note of this, but did the contractor have liability insurance? If they did you may have that as a recourse as well.
Good luck,
- Tim
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