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Re: Advice needed on a situation
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Home away from home
 
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@jerseymom - thanks for your awesome reply!!! It is very helpful!
I've given the "ultimatum" that I'm not going to wait any longer for they to respond. If I don't hear back in a day, I'm going to take "other actions". Hopefully I don't have to go too far down your list below... Fingers crossed.
Posted on: 2014/12/4 20:09
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Re: Advice needed on a situation
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Home away from home
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Srhia,
I think you might be over-thinking this situation a bit (and I say that in a friendly kind of way  ) In dealing with situations like this in the past, there is a pretty clear path to take. If you feel the contractor owes you money, you need to communicate with them IN WRITING (certified mail) if your other efforts have failed. Try this: 1. Go to this link: http://www.judiciary.state.nj.us/prose/10151_sc_non_motorveh.pdf 2. Complete then download the form for your claim - asking for the FULL amount of your damages. Print it out. Do not file it (yet). 3. Write a SHORT letter to your contractor noting the damages to your sink, when they occurred, how they occurred and the approximate cost to repair said damages. Bullet points are best. Avoid long, drawn out, emotional diatribes - it's a sink, not a kidney. 4. Include a paragraph like this; "If I move forward with a claim, I am prepared to show the court photographs of the damages and request $000.00 to cover the costs of repair/replacement. I have included a copy of my Small Claims Complaint for your review." 5. Note that you've been trying to contact them by phone but they've stopped returning your calls and that has "reluctantly left you no choice but to turn to the courts for assistance." 6. Follow with this; "To avoid action in a Small Claims Court, I am willing to accept a final settlement of $000.00 to cover the cost of the damages to my sink. If agreeable, I would need to receive this generous settlement by (10 business days). After 10 business days, I will proceed with a Small Claims complaint against you and your company." Your settlement will NOT be the amount you're asking in your claim, but a reasonable amount that you find fair. 7. Mail letter, certified, return receipt requested. Most reputable companies will settle with you to avoid the hassle of a day in small claims court. The inclusion of the small claims court filing emphasizes that you're ready to go to court. The suggestion of a settlement less than what you would ask for in court shows you put out an olive branch to resolve the situation. If they don't respond, file the forms and wait for your court date. If it comes to a judgment, follow the procedure to attach a lien. I wouldn't wait for your management company - or much longer to move forward with this. Most management companies I've dealt with (including my present one) are not that responsive. And in court, the longer you wait, the more questionable your motives will appear before a judge (i.e.; you've lived with the damages for this long, they must not be that life altering).
Posted on: 2014/12/4 16:45
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Re: Advice needed on a situation
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Home away from home
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Thanks for all the advice so far - I understand this is not the most optimal way to get this resolved, but at this point, I'm still weighting all my options and trying to understand each one of them.
Now, in regards to how to collect the judgement - the contractor actually is licensed and has a company established, so can I put a lien against his company (if I win), since the company would have income? In addition, I also got our management company involved (made aware of the situation) since the contractor came through the management co. However, I feel they have been stalling me ("we're still negotiating with the contractor on this") - so my question is, what role should the management company really play in this situation? Thanks again! Quote:
Posted on: 2014/12/4 13:22
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Re: Advice needed on a situation
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Home away from home
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Quote:
I agree with Jaded, at this point you should add up the cost of going to court which should include your time spent, the cost of collections and the cost of document filing etc. vs the cost of you going out and buying a new sink and having it installed.
Posted on: 2014/11/25 14:04
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Re: Advice needed on a situation
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Home away from home
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OK, so you win a small claims judgment. Have you ever tried to collect one? Good luck with that, especially one that's likely to be less than $500. My bet is the contractor wouldn't even bother showing up to contest your claim. The hard part isn't winning, it's collecting. You'd likely end up having to go back to court (once you've located his assets/property) to get a lien or some sort of other enforcement action.
Posted on: 2014/11/25 5:01
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Re: Advice needed on a situation
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Home away from home
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You bring up a good point! What documentation would I need if I were to go to Small Claims? I already have the following:
- picture of glass all over my bathroom on the day of the accident (that caused the damage) - pictures of the damage to my sink - receipt from when I purchased the sink back in Aug - receipt from plumber when he installed my sink (in Aug) - texts that I contacted the contractor immediately to tell him that my sink is damaged, and all my follow-up texts to him. Anything else that I would need to make a "strong" case, to make it worth while going to court? Thanks! Quote:
Posted on: 2014/11/25 0:53
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Re: Advice needed on a situation
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Just can't stay away
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If you had not documented this as soon as it happened, its a case of you said he said, and you wont be able to prove it was him (his crew) that did this.
You would just end up losing more of your time and gaining more frustration. Live and learn, sadly this is a l$700 lesson for the future.
Posted on: 2014/11/24 21:50
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Re: Advice needed on a situation
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Home away from home
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Does anyone know how long I have to file in Small Claims court (between the time of the incident and time of filing)?
Thanks.
Posted on: 2014/11/24 19:30
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Re: Advice needed on a situation
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Home away from home
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Quote:
Sorry for the confusion, it was over $700 because the breakdown is: $350 (sink + tax) + $160 for installation + $200 (new faucet). So I just paid over $700 for a brand new bathroom sink setup, and 2 months later, it's definitely not new anymore. Like I said, it looks like it has years of wear and tear on it given the amount of nicks on it. We decided to splurge, thinking it would give us more long-term value if/when we sell, so we went with a Kohler sink (rather than the $150 sinks from Home Depot).
Posted on: 2014/11/15 0:30
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Re: Advice needed on a situation
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Home away from home
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Also, I don't understand the damage inflation between your posts. How did you go from $460 ($300 for the sink + $160 install) in your initial post to "after just paying over $700 to get it installed" in post #7. If some "not highly visible" nicks on a sink are the worst contractor experience you've ever had, I'd say you're luckier than most homeowners.
Posted on: 2014/11/14 23:54
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Re: Advice needed on a situation
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Home away from home
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Quote:
Let it go.
Posted on: 2014/11/14 23:38
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Re: Advice needed on a situation
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Home away from home
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I've been trying to get in touch with the roofer since Wednesday (texting and phone message), and the roofer has not responded at all.
What can I do now???
Posted on: 2014/11/14 23:17
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Re: Advice needed on a situation
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Home away from home
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Quote:
Because: (1) My insurance has a $500 deductible. I don't see why I want to claim against my insurance when I have to pay another $500 to get it repaired (after just paying over $700 to get it installed); (2) I claimed "food spoilage" after Sandy with my insurance company, and in the 2 years since, my insurance has gone up $100 for the annual payment. I'd like to avoid claiming if I can avoid it - I'm afraid if I put another claim through, I won't be able to afford insurance anymore! Quote:
The contractor does have insurance, and he also has a $500 deductible. He came and looked at the damage last monday, but kept telling me "but I don't see anything, how can I open a case with my insurance???" When we parted, we agreed that he was going to check if the nicks can be repaired in some way. That was last monday 11/3, and so far, I've texted him 3 times to follow up, and he has yet to respond. That's why I came here (and spoke with my friends) to see if asking for some sort of compensation is reasonable in this case, or if I should drop it. I don't want to be nasty, but I have to admit, at this point, his non-response and silence is starting to get to me. Quote:
Yeah, I think I can manage to take some pictures and a video - they're small, and only visible if you look from a certain angle, but they're there!!! My (once) beautiful sink!!! [tears.....]
Posted on: 2014/11/14 4:42
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Re: Advice needed on a situation
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Home away from home
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Is the damage visible in pictures? If not, I think you will have a hard time proving anything. If so, you should use them to support your claims.
Posted on: 2014/11/14 2:17
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Quite a regular
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Reputable contractors usually have their own professional liability insurance in case they break something in your house. Perhaps you should chase the contractor down for compensation and let him deal with it in terms of making a claim with his insurance provider, if he has one.
Posted on: 2014/11/14 2:11
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Re: Advice needed on a situation
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Home away from home
Joined:
2006/11/13 18:42 Last Login : 2022/2/28 7:31 From 280 Grove Street
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Registered Users
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why not make a claim against your own household insurance - buy the excess and get a new one; the insurance should cover the plumber's work also!
Posted on: 2014/11/14 0:07
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My humor is for the silent blue collar majority - If my posts offend, slander or you deem inappropriate and seek deletion, contact the webmaster for jurisdiction.
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Re: Advice needed on a situation
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Home away from home
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To clarify - the sink was installed separately by a plumber 2 months ago. And 2 weeks ago, we had some ceiling work done by a separate contractor that caused the nicks on the vanity top's rim.
So what I'm struggling with is whether if I *should* ask for some compensation, or "let it go" since it's not very noticeable, and does not affect functionality (even though it's a brand NEW sink!!!). I'm torn...
Posted on: 2014/11/14 0:04
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Re: Advice needed on a situation
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Home away from home
Joined:
2005/12/18 2:57 Last Login : 2017/9/14 20:15 From Crystal Point
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Registered Users
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747
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that really sucks, if you wanted to do something about it though you should have demanded something as soon as it happened. Especially if you gave a final payment.
If I was in your shoes now, I'd bring it up and say I'm not looking for you to replace the sink but ask for a certain percentage of the sink cost. What is a reasonable amount someone would pay for the sink with that damage? 30%?
Posted on: 2014/11/13 16:48
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Advice needed on a situation
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Home away from home
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Here it goes - I had a contractor come in to do some work on my bathroom's ceiling. Unfortunately, an accident happened and something heavy fell on my 2-month "new" sink (which cost $300+, plus $160 to install).
There's no major damage to the sink (no cracks), however, along the rim (the sink and vanity top is one-piece - everything is ceramic), there are about 30 small nicks on the surface. They're not "easily visible", but if you look carefully, you can see them (and certainly feel them if you run a finger along the rim). So - the damage is cosmetic, not highly visible (but if one look carefully, you can see them), and does not damage the functionality of the sink. I called the sink's manufacturer already and ask if it can be repaired (eg sanded down to be even). However, given the material of the sink, that's not recommended. So at this point, instead of a new sink (installed 2 months ago), I have a sink that looks like it has 3-4 years of wear-and-tear on it already. Should I chase down the contractor for some compensation? What would be reasonable for me to ask for at this point? Thanks in advance.
Posted on: 2014/11/13 15:40
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