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I'm not sure if I can explain this well, but I need advise on how to
move forward or if I have a case. I don't know how much info you need
to advise me, so please excuse me if I give you too much info.
I live in California; the contractor I used is based in California and
is licensed, etc.
Part 1 of the saga:
We had a written contract/agreement for them to install forced air
into our house which use to have just a wall heater. We paid 10% down
using our credit card. They installed a furnace, a/c unit and
ductwork. The work was very shoddy and pretty much a hack. We are
unsatisfied and refused to pay when they gave use the invoice on the
day they "finished" the installation. They said to sign and would not
leave until we did. We even crossed out "The signer agrees to pay the
amount shown on the bill." But, we signed after we crossed it out.
Part 2:
A guy comes out and looks at the shoddy work: dry wall unfinished and
"not ready to paint" (this was agreed to verbally, the wall heater
would be removed, sheetrock, sanded and "ready to paint." In the
contract it states that the wall heater would be removed and sheetrock
put up.), holes in many walls patched poorly, a hole cut into our
beautiful hardwood floors (to get the furnace down into the
crawlspace) has huge gaps of missing hardwood floor and crooked
lines(they verbally promised it would look very natural and seamless.
And that it would be a nice door with a handle), and the A/C does NOT
cool the house (we had the A/C on for 5 hours without it dropping the
thermostat one degree). The guy/manager said that the sheetrock work
was "ready to paint" despite it shoddy appearance and that they were
not sheetrock specialists. I said that if they did not feel confident
they could do a professional job on the sheetrock work they should not
quote it as part of the job. He then said the sheetrock work was NOT
quoted as part of the job, but was done as a courtesy. They then
proceeded to refuse to fix most of the shoddy work accept to fix the
A/C cooling problem and put a light into the crawlspace so you can see
the furnace. In regards to the sheetrock patching and "ready to paint"
issue he said he would ask the sales guy what he agreed to verbally
and get back to us. They never pulled a permit with the city to do the
work despite the verbal conversation with the sales guy that they
would handle all permits. Based on how he made us feel somewhat
assured he would fix the biggest problem, the A/C and would talk to
the sales guy about the sheetrock work issue, put a light below, he
asked us for payment. We figured that we can always get them back to
make sure all was up to code once we got the building inspector out.
So, we trusted they were honest and paid what he asked. He said that
they would come out to fix the agreed to issues, but we needed to pay
some part of the total. He wrote out an invoice, he said, "I'll have
put the wording "deposit" on the invoice." He asked for another credit
card because the current one we gave him didn't have a high enough
limit for the amount he was going to charge. I guess he must have
tried to charge it already and was told he wasn't authorized to charge
that much? He then wrote down our new card on the invoice and charged
it. I know stupid! We had a crying baby to deal with and were tired
due to lack of sleep.
Part 3:
The technician comes out. Installs a light, makes a bigger return of
air to fix the cooling problem. After much work and swearing, he does
not fix the problem. The house still does not cool after hours of the
A/C being on. However, he only tested it for about an hour. He made
sure to pack up for a quick getaway. The thermostat still didn't drop
one degree. We argue for about twenty minutes, he goes and talks to
his manager in his van, he starts packing up. He then comes back in
with this paperwork. We tell him we refuse to pay the rest of the
balance. He says "Ok, I don't want to get into the middle of this. I
just do what I'm told. You can deal with my manager. But, I need you
to sign this to prove I was out here to do the work at least. You can
see here, at the bottom I wrote refusal to pay $X." My husband was by
then so angry with him; and I, taking care to soothe a crying baby do
not pay attention or read the whole thing. We trust what the guy says
and sign it.
Part 4:
They charge our credit card for the balance. They do not return our
calls. The paper was another invoice. The invoice shows the entire
contracted amount and at the very bottom it says refusal to pay $X.
But they charged our card anyway.
So, what can we do? How should we go about it? Can we get our money
back from Part 3 of the saga and Part 4? We were never satisfied with
the work. And we only agreed to pay the "deposit" in Part 3 of the
saga if they delivered on the service to our satisfaction? They never
fixed the cooling problem and they never got back to us on the
sheetrock issue. They never pulled a permit. Then they charged out
credit card for the rest of the balance in Part 4 without our
authorization. Although it looks like we ok-ed it on paper, did we
really? He mislead us verbally and showed us at the bottom that it
said, "refusal to pay $X." Will the credit card companies think we
have a case if we dispute the charges? And can we go after them in
court, BBB, and State Contractors License Board? Or should we?
Thanks for listening, being patient to my wordy message and your help.
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Helping Hand wrote:
[dissatisfied with HVAC work done. Paid with credit cards]
Will the credit card companies think we
have a case if we dispute the charges? And can we go after them in
court, BBB, and State Contractors License Board? Or should we?
Thanks for listening, being patient to my wordy message and your help.
If you are satisfied that you don't want to do any more talking with the
contractor, then you need to take the issue to a third party. There are
the BBB, Licensing Board and the State AG's Consumer Affairs office plus
any local consumers' affairs divisions that exist. If you are in a large
city, there surely are city divisions (such as part of the DA's office)
which deal with shoddy work.
There is also the attorney route. Lawyers exist and get paid well for a
reason. You may prefer to just turn this entire deal over to a lawyer to
see what he can do. Many will evaluate the case for free to see if it
makes sense for you to go this route and what it'll cost or if you have
a reasonable shot at collecting attorney's fees from the other party.
There is, as you point out, also court. What I'd do first is to contact
the credit card companies and tell them, using their procedures, that
you have a dispute and you wish to notify them, but not right off ask
for a 'chargeback'. Then your rights are preserved. After that, then use
the other means. If you fail, you can try for a credit card
'chargeback', but be prepared for a fight with the contractor. Also use
this, like court, as a last resort.
Personally, if it were me, I'd hire a lawyer to write a 'lawyer's
letter' and see what comes of that. I'd also contact the credit card
companies to preserve your rights.
Good luck.
-paul
ianal
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