Legal Question in Consumer Law in California
Suing Remodel Contractor
I recently had my kitchen remodeled. The project was supposed to take 8 weeks...it took 8 months. The balance due at the end was $4520. I tried to negotiate a reduction in this amount due to their overruns...never showing up, never calling back, etc. They took $520 off and refused to negotiate further, then threatened me with collections & a mechanic's lien. I want to file a small claim's action against them. Should I pay the balance & then sue, or take them to court before I pay. I'm thinking I put them on the defensive if I've paid them first. Also, how do you figure the ''inconvenience & stress'' part of a claim? Would $500 a month for the 6 months they ran over be appropriate? Or, their contract stiplates a .015 penalty for every day the last payment is late...should I use this figure to compute this amount? If so, should I figure it against the total contract price, or just the last payment due? HELP!
1 Answer from Attorneys
Re: Suing Remodel Contractor
It's all about negotiation. There are also time constraints on filing a mechanic's lien. Let us know if you would like help.
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