Breach of Contract

morfyd

New Member
Jurisdiction
Florida
Hello,

I would like to ask for advice regarding the following:

I hired a window company to replace my condo windows. I have had problems with them from the beginning.

They violated the contract by not starting the installation as per the approximate date because they ordered the materials two month after I signed the contract and lied, stating it was the fault of the Window Manufacturer because it was Hurricane Season and they were behind. On another occasion, they blamed the Engineering Company. I found out that they ordered the report 30 plus days after I signed the contract and they only ordered it when I demanded to see a copy. (I have both in email from them). I also realized that they had no plans on obtaining any report because, they gave me a false drawing to give to my HOA for approval.

The second breach of contract is thy failed to place the order three days after signing the contract and receiving the deposit as indicated in the contract. Again, they lied. When I asked for a copy of the order, the created a document that was 10 days after the signed contract and before they even measured my windows. I found out later that they order the windows two months after signing the contract.

The third breach of the contract is that on the day of the installation, the General Manager called me informing me that my window mullions was different than all the other units in my condo community, so they had to go into my dry wall under the window to fix it. However, they failed to obtain signatures from myself and the company as per the contract. Later, I found out that was another lie. They gave me pictures of what was to have been the work that was done in my unit. The only problem with that is it is not my apartment and they have no before picture.

The first day of the installation, they broke my stone window sills, (I have pictures), and left a stickie on the broken piece, the next day (the last day) the broken piece went missing. Naturally they denied taking it, stating that it's broken and not needed.

I have two windows that doesn't work correctly, informed them the following day of the installation/the last day. The owner of the company came and inspected all the unfinished work, but no one has mentioned the problem or answered my questions.

I have asked the company to schedule inspection, but they kept stalling. I finally realized that the reason is the town will not pass unless the window sills and dry wall that they dismantled to install new mullions what were unnecessary. They lied and told me that it was cosmetic and wouldn't interfere with the inspection. However, they tried to pressure me into having someone they knew install the window sills and dry wall. I declined since it was supposed to be cosmetic.

I have asked how to operate the windows and they haven't responded. I removed the stickie's from the windows, both days of the installation yet neither the installers, or the owner who inspected the work after the completion of the windows said that it was needed to pass inspection.

I kept asking that the schedule the inspection (that was before I know that I would fail) and the first time they did, they did it without verifying my availability, and informed me a few hours before close of business for an inspection the next day. Naturally, they had to cancel.

They again scheduled last Monday and again cancelled, because the contractor, informed me that the stickie's on the windows were removed. I wasted taking a day off.

I informed them of their attempt to defraud me with the false picture, and naturally they denied it. Claiming that they purchased new stickie's for the windows and asked when I am available for the town to inspect the widows. No mention of the two windows not working, the screens not working, one bent and need to be replaced, etc.

Can someone please tell me my options?

Thank you
 
Can't give you options without knowing what your goals are.

What do you want?

Your money back?
Your old windows reinstalled?
The work completed properly?

How much money is at stake here? How much did the windows cost? How much will it cost to repair the damage to your sills?

As for the inspection you refer to, is that the city inspection of the installation? Why not just call the permit department and schedule your own inspection instead of waiting on the contractor? If the installation fails the city will give you something in writing, even if it's just on the red tag, and that's evidence that you can use against the contractor.
 
Thank you adjusterjack for responding. I would like to get whatever it will cost to buy new window sills, since they broke the old ones and install the dry wall. I didn't know that I could schedule the town's inspection myself. These crooks also notarized documents without my knowledge, hence permission. I signed three documents, notarized one, they notarized the others and I accidentally found out by looking on the towns site and that is how I found out. Isn't that illegal?

Once I fail, what is my next option?
 
I would like to get whatever it will cost to buy new window sills, since they broke the old ones and install the dry wall.

Get an estimate from another contractor and send it to your contractor with a letter demanding payment. If they don't pay, you can sue them in small claims court.

I didn't know that I could schedule the town's inspection myself.

I can't imagine why not. Make the call and see how it goes.

These crooks also notarized documents without my knowledge, hence permission. I signed three documents, notarized one, they notarized the others and I accidentally found out by looking on the towns site and that is how I found out. Isn't that illegal?

Notarizing a signature without having the signer present and properly identified is probably a violation of notary laws but wouldn't invalidate the documents as many documents and contracts are perfectly valid without notarization.

If you want some satisfaction, file a complaint with the Florida notary regulatory agency:

Florida Division of Corporations - Notary Commissions and Apostille/Certification Sections

Might, or might not, put the notary in the soup, but won't help you any other way.
 
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