Legal Question in Business Law in California

I am having a problem with my tv installer. He did some work for me in the past which did not work and he was willing to give me a refund of $300 for labor charges verbally. The charges were much higher than that but I have no invoice to prove it.

The problem is I had him dismantle my A/V equipment for a home remodel for $700. I paid him $200. Upon reinstallation he became upset with me b/c of a cabinet that was not made to exact specs (however him and his crew had conversations with the cabinet maker). Now he is unwilling to reinstall the equipment and unwilling to give me my $300 refund. The equipment is quite complex and needs a professional installer.

What recourse do I have.


Asked on 8/28/10, 10:10 am

2 Answers from Attorneys
Jason James Patricia A. Meyer & Associates, APC

It sounds like you owe him more money ($500) than he owes you ($300). This offset would bar any recourse you might otherwise have. This answer is based solely upon the facts as presented in your question.

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Answered on 9/02/10, 10:20 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Get a new installer that is more competent than the first. Be sure you have a clear written contract. Get his opinion on the quality of work done by the other guy. When the job is finally done to your satisfaction, use that experience and the opinions of the second installer to decide whether to take the first installer to Small Claims. Remember, if sued, he can counter-claim against you.

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Answered on 9/03/10, 2:26 pm


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