Job not complete/they want payment

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Kellymac

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In December of 2005 I contracted a flooring franchise to install ceramic tile in my kitchen. They completed the job, except that they did not do the baseboard area leading into my living room as I asked. They removed old baseboard and installed new baseboard, and then removed it as it's not what I wanted, however, the walls underneath were then damaged and needed repaired back to the way they were (I.e. baseboard that was there originally needed replaced and painting). I called them, a manager came out to look at it, said he would have it taken care of, and would call me when he returned to the store. He never called. I called twice in the next two weeks, and never received a response. Thus, the repair was never done. I did take pictures of the damage, and still have them somewhere I think, although I also never got it fixed by anyone else so it looks the same. I paid them half the cost up front, the other to be done after competion of the job. Since that time, I've received only 2 or 3 invoices from them requesting the payment, never a call, never a letter. I returned those invoices with notes written on them that I did not intend to pay.

Today I received a letter from an attorney for them demanding payment in full. Being that the job was not completed as I wanted, and the repair promised never occurred, where do I stand with this? Do I reply to the attorney stating the above? If they conider coming and finally repairing the work, do I have to pay the full amount? I have had to look at the damage for almost 4 years although I know I could have gotten it fixed since and have not. If they agree to come and repair it is it possible to get the balance due reduced? and what would be a reasonable amount...half, a quarter, a third?
 
Return a letter to the attorney stating what you said here. Tell them that you do not owe the balance until they finish the job. If he wants to sue you tell him to go for it. That isn't one he will win. The contract says half up front and half on "completion." Unless you are being unreasonable, and it doesn't sound like you are, then it is not done an payment is not owed.
 
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