company paid; goods not delivered

[suzyidol]

Jurisdiction

New York

We had an inground pool installed the end of April, 2017. It was obvious that the liner did not fit. The side seams did not aline properly. It has since come out of the coping twice. The installer with 30 years of experience assured us he would take care of it. My husband called a few times and personally told one of the workers about it and again we were assured the message would be received and it taken care of. The bill was paid in full June 26, 2017. What do I do now?

 

[zddoodah]

You have a number of options. You can keep making phone calls. You can start writing letters. You can hire another contractor to fix the defective work and then demand that the first contractor reimburse you. You can retain an attorney. You have to make the decision how to proceed.

 

[suzyidol]

Thank you for your advice. I want to write a letter but I am not sure exactly what to say. Do I threaten filing a complaint with the BBB or the Attorney General if they don't replace the defective liner immediately?
When I have emailed in the past, they ask if I have any questions. I pose a question and never get a response.

 

[mightymoose]

Surely there is some sort of warranty offered with this new installation. Have you looked at warranty coverage?
Review your documents and find the procedure for making a claim under warranty.

 

[zddoodah]

Do I threaten filing a complaint with the BBB or the Attorney General if they don't replace the defective liner immediately?

The BBB is a useless entity. It has no more authority than Yelp, and virtually no one checks with the BBB before hiring someone. As far as the AG, I'm not sure whether the NYAG has any authority regarding contractors. However, I always find it's better not to threaten or to make vague threats (e.g., "to pursue all available legal remedies"). Including a threat doesn't typically influence how folks respond.

 

[suzyidol]

The BBB is a useless entity. It has no more authority than Yelp, and virtually no one checks with the BBB before hiring someone. As far as the AG, I'm not sure whether the NYAG has any authority regarding contractors. However, I always find it's better not to threaten or to make vague threats (e.g., "to pursue all available legal remedies"). Including a threat doesn't typically influence how folks respond.

Thank you for your response. I appreciate your answer and will not make any threats or imply any threats.