Q: We own a vacation rental home in Cape Coral, FL. I had a company resurface my pool deck.
We agreed in the contract that it will be done at a certain time frame at which my house was not rented. They didn't even start the day they were suppose to finish and I had to relocate guest to a different property and had to pay that property owner rent. I took off this rent from the final bill. The company is now threatening me that they will give this to a collection agency which would affect my credit, if I don't pay the remaining balance. They also left my property as a mess when they finished and I had to drain the pool and clean it myself, had my pool service come out and fix the spa as they forgot to tighten some covers etc. They just did a horrible job. Am I right taking this off the final bill ( $948 from $12966 is open ). Deck was supposed to be done on 11/3 per the contract. They finally finished on 11/13 They are now threatening and insulting us. Company is Infinite Pool Finishes LLC
Thank you very much
A:
You do not have the right to just deduct the amount from their final payment. However, you would have the right to sue them for breach of contract and damages. I suggest that you consult with an attorney in your area. However, I suggest that the sum of $948.00 is probably not worth hiring an attorney to handle a most attorneys bill hourly at $250.00 per hour or higher in that area.
You could of course bring the action yourself as a small claims case.
Good luck,
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