Q: We anticipate this going to court. Please let us know what the best course of action would be.
We hired this particular contractor because we wanted the color of an LVP plank that we chose to be matched through stain on unfinished solid hardwood flooring, and he was confident that he could do that for us. He advised us to buy red oak wood and assured us that he would be able to match the color of the LVP on it. Before starting the work, we paid him 43% of the contract. After he installed the hardwood floors on the top and main levels, we observed gaps between each plank everywhere. He ignored our complaints. He insisted on choosing one stain out of the six samples, but they were not even close to my gray shade. He forced us to pick from one so he could complete his work quickly. He mentioned that he was in rush as he just got a huge contract of one mansion. Now I see red, pink, and yellow. No gray shade at all. I approved the color via text, and he has that in writing. Now he asking us pay in full of contract price plus asking for more money to fix the gap.
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A:
In your case, where the contractor did not fulfill the agreed-upon terms regarding the flooring installation and staining, you have a few options to consider. First, document everything related to the contract: your initial agreement, any communications about the color matching, and the issues with the flooring. This documentation is crucial for any legal action.
If you haven't already, express your dissatisfaction formally to the contractor in writing, outlining the specific issues and your expectations for resolution. This step can serve as a record of your attempt to resolve the issue amicably.
Given that the contractor is demanding full payment and additional fees for corrections, it's advisable to consult with an attorney. An attorney experienced in contract disputes can assess the strength of your case, especially considering the written approval you gave via text.
Remember, the legal process can be complex and time-consuming, so consider the potential costs and time involved. Your attorney can advise you on whether settling out of court or proceeding with litigation is the best course of action.
Keep in mind that the outcome will depend on the specifics of your contract, the evidence you have, and the legal arguments your attorney presents. The goal is to reach a resolution that addresses the breach of contract and compensates you for any losses incurred.
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