Legal Question in Civil Litigation in Wisconsin

I had a house fire back in July 2013. The nationally known contractor that we hired to do the restoration on the house damaged one of the bathroom sinks by dropping tools in it. The person assigned to our job from the contractor acknowledged that one of the workers did damage the sink via email. I had requested on multiple occasions that it be fixed as this sink was circa 1990 and due to the odd shape and color will not be easily replaceable. They had tried to fix it by putting a porcelain paint over it to fill in the crack which exposed the cast iron underneath that subsequently started rusting due to exposure. I told them that is not a permanent fix and it needs to be fixed properly.

They just finished the last of other "warranty issues" from their poor service we endured and we owe them the last $3000 from the fire. I told them I would not pay them until they fix the sink the right way and now they have gone silent demanding the last payment. My question is do I pay them the last $3000 and sue them in court for damages to the sink so I can either get it professionally repaired or if a replacement could be found or not. I do not want to have them go after me in collections and ruin my credit. I just want my sink fixed like it should be.


Asked on 6/13/15, 4:42 am

1 Answer from Attorneys
JAY Nixon nixon law offices

You need to consult with a lawyer about your right to potentially offset the payment due to the contractor for what is owed to you due to the damage. If you simply pay without preserving your rights to make a counter claim, you risk waiving your counterclaim under the WI voluntary payment rule (which normally waives all objections to the goods or services provided).

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see my past answers to similar questions on Law Guru at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon. View other past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. Answers may contain attorney advertising materials. ..

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Answered on 6/14/15, 5:24 am


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