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  I thought a bond was to protect customer!
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Posted
Only recourse against a contractor seems to be complain to BBB which I'm sure won't do a thing. Otherwise must file a full on law suit in the county where work was performed.

What good is that unless you have a massive claim (assuming $10K > before hiring an attorney worthwhile)?

State lisence & bond doesn't seem to do much for consumer. Am I wrong about this?
 
Posts: 48 | Location: Lk For Pk WA | Registered: 19 March 2007Reply With QuoteEdit or Delete MessageReport This Post
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Why not Small Claims Court?


Architect (NY) and Home Designer (PA)
 
Posts: 2493 | Location: Tobyhanna, PA | Registered: 24 October 2005Reply With QuoteEdit or Delete MessageReport This Post
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Thats what I thought. L&I W.Site says must be filed in Superior Court. Maybe small claims is part of that? Who knows. Says it costs $250 just to file the paperwork. Not very good odds that this wouldn't just be throwing away more money. Even if you win I've read that there is no "help" from court system to make them actually pay.
 
Posts: 48 | Location: Lk For Pk WA | Registered: 19 March 2007Reply With QuoteEdit or Delete MessageReport This Post
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Don't know about Washington, but here in NY and PA, small claims court is local and somewhat informal, and inexpensive to file, but there is an upper limit to the claim, and the claim must be filed where the defendant lives or does business. The upper limits vary from state to state, and sometimes...get this...is greater (in NY)if you are using a lawyer than if you were filing yourself. In other words, if the extra money is for a lawyer, then you can sue for it, but for you, you will do with half that much, thank you.

See why we should stop electing lawyers to legislative bodies?? But I digress...


Architect (NY) and Home Designer (PA)
 
Posts: 2493 | Location: Tobyhanna, PA | Registered: 24 October 2005Reply With QuoteEdit or Delete MessageReport This Post
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I guess your rite. The bond thing just confuses me. Looks like I can file for $29 in the city they do business in. Of coarse I think I'm due but I could see a judge siding with them since I can't provide any info as to where the 235 Lb. pc of equipment they say they delivered went. Lots of guys driving around looking for heavy A/C units to steal! Rite.
 
Posts: 48 | Location: Lk For Pk WA | Registered: 19 March 2007Reply With QuoteEdit or Delete MessageReport This Post
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If they truly delivered the equipment to your premises, they should be able to produce a signed delivery ticket proving it. It is not up to you to prove they did not; it's up to them to prove they did. Nobody delivers a valuable piece of equipment without getting a signature. If they did, then they took the risk. The equipment does not become your property until it is incorporated into the work. Until then, it's their property and their responsibility. Unless they can show a delivery slip signed by you, and even if they can, it was still their equipment and not yours, and my guess is they lose.


Architect (NY) and Home Designer (PA)
 
Posts: 2493 | Location: Tobyhanna, PA | Registered: 24 October 2005Reply With QuoteEdit or Delete MessageReport This Post
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If you weren't there to receive the delivery who knows who could have signed for it. My sister was having her kitchen remodeled and the cabinets came in two shipments, days apart. Her 7-year-old answered the door the day the second shipment arrived. He recognized the truck and had convinced the delivery guy that his mom was busy but he had permission to sign for the cabinets. The delivery guy was handing him the paperwork for a signature when my sister walked up and flipped out.

Someone signed the delivery form, make them tell you who.
Ber
 
Posts: 10 | Location: Ohio | Registered: 30 September 2008Reply With QuoteEdit or Delete MessageReport This Post
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