My question involves a consumer law issue in the State of: Maryland.
I hired a company to put in a concrete porch and patio at my home. The company's owner, let's call him Bill, was recommended to my by my neighbor, let's call him Jim. Bill put in a porch and patio for Jim's home, and for another neighbor. I saw the work that Bill did for these two jobs, neither neighbor had complaints about Bill and in fact Jim highly recommended Bill.
Bill quoted me a price, and did not give me a written contract. I asked for one, he said it wasn't necessary and he just put me on the schedule.
Bill's workmen did do a very nice job with the actual concrete work and it meets my expectations. However, in the process of the work, the workmen broke my neighbor's French door window pane (that is Jim's door). The cement truck damaged Jim's yard and some of the common area yard necessitating repair.
Jim immediately contacted Bill about the door, and Bill's workmen say it wasn't them. I believe Jim, the breakage is such that it could only have happened by the workmen doing it. Bill believes his workmen and does not want to pay for the $2000+ door repair.
Bill put down sod to repair the damage to the grass in Jim's yard but not in the common area, the sod immediately died, and now Bill does not want to repair it further. I asked him to put down dirt and seed, he has not done so yet. My HOA president spoke to me about the damage to the common area and I asked Bill to repair that. He has not done so yet.
My questions.
1. Bill insists that the issue of the door is between him and Jim and that I must stay out of it, that I am not liable and that it has nothing to do with me. My question is this - since I hired Bill, if Bill does not pay for the damage can my neighbor sue me? I am not at all happy about Bill's attitude that the door damage does not involve me since I am very upset that my neighbor's property was destroyed while his workers were installing my patio.
2. I have not yet paid Bill. If Bill refuses to fix the grass properly and does not reimburse Jim for the door, can I withhold the amount to repair this damage from the final payment? Since we did not have a signed contract, can Bill put a lien on my home for non-payment?
I am extremely upset about the collateral damage done by these workers. I've been trying to find someone to fix the grass, and the job is too small for every lawn care company I have contacted so far. I'm still looking for a yard work handy man, and may have to go buy top soil and get someone to help me put down dirt and seed myself if Bill doesn't do it soon. But I really do not want to pay Bill until these problems are resolved. And, btw, my yard is a mess as well but I am mostly concerned about the damage to my neighbor's yard and the common area.
Thanks for any advice.
I hired a company to put in a concrete porch and patio at my home. The company's owner, let's call him Bill, was recommended to my by my neighbor, let's call him Jim. Bill put in a porch and patio for Jim's home, and for another neighbor. I saw the work that Bill did for these two jobs, neither neighbor had complaints about Bill and in fact Jim highly recommended Bill.
Bill quoted me a price, and did not give me a written contract. I asked for one, he said it wasn't necessary and he just put me on the schedule.
Bill's workmen did do a very nice job with the actual concrete work and it meets my expectations. However, in the process of the work, the workmen broke my neighbor's French door window pane (that is Jim's door). The cement truck damaged Jim's yard and some of the common area yard necessitating repair.
Jim immediately contacted Bill about the door, and Bill's workmen say it wasn't them. I believe Jim, the breakage is such that it could only have happened by the workmen doing it. Bill believes his workmen and does not want to pay for the $2000+ door repair.
Bill put down sod to repair the damage to the grass in Jim's yard but not in the common area, the sod immediately died, and now Bill does not want to repair it further. I asked him to put down dirt and seed, he has not done so yet. My HOA president spoke to me about the damage to the common area and I asked Bill to repair that. He has not done so yet.
My questions.
1. Bill insists that the issue of the door is between him and Jim and that I must stay out of it, that I am not liable and that it has nothing to do with me. My question is this - since I hired Bill, if Bill does not pay for the damage can my neighbor sue me? I am not at all happy about Bill's attitude that the door damage does not involve me since I am very upset that my neighbor's property was destroyed while his workers were installing my patio.
2. I have not yet paid Bill. If Bill refuses to fix the grass properly and does not reimburse Jim for the door, can I withhold the amount to repair this damage from the final payment? Since we did not have a signed contract, can Bill put a lien on my home for non-payment?
I am extremely upset about the collateral damage done by these workers. I've been trying to find someone to fix the grass, and the job is too small for every lawn care company I have contacted so far. I'm still looking for a yard work handy man, and may have to go buy top soil and get someone to help me put down dirt and seed myself if Bill doesn't do it soon. But I really do not want to pay Bill until these problems are resolved. And, btw, my yard is a mess as well but I am mostly concerned about the damage to my neighbor's yard and the common area.
Thanks for any advice.
Payment: Should I Pay
Aucun commentaire:
Enregistrer un commentaire