I had a contract with a home improvement company to put replacement windows in my house. The contract was dated June 1st 2007 and said they would deliver and install the windows within 2-4 weeks. They just showed up last week (7 1/2 months late) and installed the…. Do I still have to pay them? Some are still messed up and I’ve spent tons of time trying to get things straightened out with them. Can they sue me or put a lien on my house considering that they broke the contract?
They broke the contract by committing to start the job AND be finished within 2-4 weeks and then gave one excuse after another and didn’t show up again for almost 8 months.
They also provided a bunch of broken materials and I have one window with a broken frame, and 2 where the glass is broken. They have replaced one of the broken glasses and not fixed the other stuff. I have about 60-70 hours of my own time invested in dealing with them by now.
The company also had advertised “satisfaction guaranteed or your money back”… I don’t think they satisfied the contract which is why I am wondering if I have to pay them…
grid internal vinyl window
Comments
Did they break the contract? How? If there are defects left to be corrected, do not pay the final retention until they correct them. Notfiy them in writing via certified mail that corrections are needed.
If you allowed them to install the windows 7-1/2 months late, you agreed to continue the contract, late or not. So yes, you have to pay them. Given that you have physically taken the windows in your property, they can file a lien on your property if you do not pay.
Since you have issues, I’d suggest a partial payment to them, advising that the remainder of the payment will be sent when all problems are taken care of.
Partial payment is at least necessary. Ask for or check over your detailed bill. You must pay them for any materials received in good condition. The broken windows and labor are the disputed items.