Legal Question in Civil Litigation in Pennsylvania
customer refusal to pay
I installed carpet for a customer. the customer claims that the carpet was installed in the wrong room. all carpets were marked by the customer to which rooms the carpet was to go. All carpet was the same color. One of the carpets were a slightly thicker grade of carpet. The customer called after the job was done and complained the wrong grade of carpet was put into the wrong rooms. I put the carpet into the rooms for which the carpet was marked. I had another installer with me who also saw the wording to which room the carpet was to go. They are the ones who mismarked the carpet. They do not want to pay me for the job. I offered several resolutions to this. even discounting my charges by $200.00 the difference between the upgrade in the carpet.
They are saying they want to buy new carpet to replace it and have someone else install it and said it would total what they owe me. About $550.00. There were 3 other rooms that I installed also. Do have have a chance to get the money I worked hard for?
2 Answers from Attorneys
Re: customer refusal to pay
File a small claims law suit with your local District Justice (DJ). The DJ's office will help you complete the law suit papers. The advice from the prior answer is good concerning what to expect at the trial. Good luck!!
Re: customer refusal to pay
Sure. Simply take them to small claims court. Sue them for the full amount and interest. Your relationship here is soured so don't worry about hurting your referral source.
The judge will look at the issue, listen to your testimony and evidence and theirs. You should bring the other installer with you along with any notes you have regarding yor work.
There are two issues that you should understand here, quantum merit and cover. Quantum meruit is the concept that even if you screwed up, the customer did benefit from your services and owes you for the benefit of your services. Cover is where a vendor screws up and the customer must seek a replacement and therefore the loss of the benefit of the bargain should be yours.
Questions you should raise, how was the carpet marked? Who marked it and where? Are the marks still viewable on the carpet (can you pull up a corner and see it)? What do the customers propose to do? Is the replacement going to be the same color (are they unhappy with the color and trying to screw you)?
Look for the actual motivation of what they are trying to do and why and beat trhem over head with their underhanded efforts.
I'd be happy to pursue this matter for you, but I can't promise it will be cost effective. They may cough up the money after the first letter or they may need to be taken to court. I always counsel that once a relationship has gone south a business should at least recover the full amount owed.
Feel free to contact me if I can be of further assistance. My email is [email protected].
Regards,
Roger Traversa
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