Legal Question in Civil Litigation in Virginia

Window Help

The contractor came out to give me a quote on having a window cut into my foundation. I told that at that time that I did not want a window well installed and if the job could not be completed without a window well then I did not want it done. I was sent a contact in the mail with the dimensions of the window and there was to be no window well installed according to the dimensions. I left during the cuttin because of the smell I came home and there is a window well. After several conversations the contractor is telling me that there is nothing that can be done about the window well now and that I need to pay the remainder of my balance because the job was completed to the specifications in the contract. I have asked them for a copy of the material costs and would like to pay for the materials used to complete the job but do not feel that I am responsible for the entire amount based on the fact that it was not completed the way it was supposed to be and there is really no way to correct the problem now. Any suggestions that you can give on this would be greatly appreciated.


Asked on 10/21/04, 12:42 pm

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Window Help

Find out how much it's going to cost to have the damage repaired. The contractor is entitled to the contract price minus the cost of repairs.

Chances are, the reason the well is there is that the contractor botched the job and broke the concrete below the level required for the window - he then had to put in the well to conceal the damages.

you're going to need an expert witness if this ever goes to trial - find another concrete expert contractor now both for an analysis of what happened and why and also for what it'll cost to fix it.

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Answered on 10/21/04, 2:03 pm


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