Service fee

Status
Not open for further replies.

Browbry34

New Member
A local basement water proofing company installed a drain tile system in the NE corner of my house. Appx 1 week later, still have puddles.

I call for someone to come out & check the work. The pres/owner drove out to conduct some tests/formulate opinions. He decides the puddles are part of a new problem, [or different part of the foundation is leaking] and the water is making its way to this same or similar spot. Since this new water problem is not related to his original work/warranty he tells me during his visit it is going to cost me $100 for his stop. I sighed/accepted. Then he sends me a letter a week later with new costs to fix the problem with additional drain tile totaling 3200. There was also an invoice for $100.

I wrote him an email telling him I spent 1900 for this system already. This is what the sales guy tells me I need to end the problem. I can not find in my mind paying you an additional 100 bucks for you to come out/check your work.

Yesterday I was surprised to see he sent me a summons to appear in small claims for $100 + 55 for court filing.

I should file a counter claim. The question becomes--how much? $1900 to cover original work costs (basically claiming I want a refund since I still have the same problem). How about $5100 to cover the costs to hire someone else & do the job correctly?

$55 to cover my court filing fee is automatic. The aggravation, time spent, etc. now add to the costs. I can not go over 7500, then its no longer small claims in MN. The hearing is in Feb. I have an affidavit from a person I told right after I decided to do this whole thing in the beginning. I have some pictures of the job site. I wrote down some thoughts/recall of the sales call and what was said. I take the position I need not spend too much time preparing for this. Just use of the affidavit detailing a discussion I had with my home owners insurance guy telling him I was making this investment and I was excited to see the water problem finally end. Getting some ideas on direction is the motive behind this thread. Any thoughts would be greatly appreciated.
 
You can only claim the actually money spent and likely will not get court costs (either will he). BUT you need to get another professional person to inspect the work to prove your case that the original problem was not fixed and how much it will cost to fix original problem. THEN, sue for what you originally paid him plus any addtional damage you have suffered due to his negligence, and the the difference of what it will cost you now to fix it.
 
Are you stating I add 1900 to recover money already spent + the costs to fix the problem collected from another professional + add damage/negligence = ?
The add damage and negligence part is what I am confused about currently. How do I put a price tag on it? Lastly, what does the "difference of what it will now cost to fix it" mean in all of this? Could I see a computation example to clarify your suggestion. Thanks for the quick reply calalily!
 
First, get another professional to check out previous work. IF he finds that original problem was NOT fixed (get in writing), then Second, get a written estimate on what it will cost NOW to fix the same problem. Sue for the original cost 1,900 plus service fee (if you paid); then, if new cost is more (say 3,000) subtract 1,900 from 3,000 and add that amount to the original 1,900. If damage occured because the original problem was NOT fixed, get a written estimate on the cost to fix that damage and add to the above. I don't think you can add negligence oney amount, only new damages that occured because of his negligence -does that make sense? Not an additional amount. They usually only try and make you "whole" not award more unless there was some type of physical pain and suffering to you from say like he beat you up, you slipped and fell because of something he negligently left in basement, or medical negligence caused by a doctor. Judges don't like it when you pad what you are owned, you only sue for what you actually are out monetarily. But you have to PROVE your case and so HAVE to have the estimates from another professional (judges actually prefer two estimates.) Take picture of problems floor, pipes whatever, from many angles. Make sure they are very clear and maybe enlarge them and take with you to court. understand that you may only "win" 1,900 and service fee.
 
Last edited:
I have a guy scheduled for the 19th to do an estimate. he will come up with a new price to really fix the water problem.

lets play with numbers to make it clear he comes up with a 3000 cost to fix just to use your example to end the water problems in the basement. so i take 3000-1900=1100 and then add the 1100 to the 1900 to get 3k?? sue for 3k?

the service fee your referring to is the cost to have this guy come out to the property monday and give me the second opinion, right

if i walk out of the court room and the judge agrees i shouldnt have to pay him a 100 bucks to check his work, then possibly awards me back my 1900 i would be thrilled. i'm not soo optimistic about much more than that. many i have shared this ordeal with tell me at minimum he will not get his 100 bucks. that too would be nice to watch unfold. depends on the judge. i certainly do not want to seem as though im padding either...thanks again. some good advice....
 
I retrieved an est from another pro and he wrote on the est "system to remedy water coming in north wall existing system did not cure." the total cost to put this new system in from this new company is 2084.00. so i take this amount acc to your suggestion and subtract 1900 to arrive at 184. then add it to 1900 to get the 2084 again. basically i am litigating to get the money back and/or neccessary to correct the still existent problem. thats all. i am not missing any other costs i should try to recoup. thoughts?
 
Did more damage occur due to the first leak not being repaired? You may be able to claim that with an estimate to repair the damage. If no, then you can't claim anything else. Take your old bill to court with the new bill, but try and sue for the higher amount; the new estimate. I suggest to break it down like this 1,900 for first repair and the additional cost of 184 for new repair..like that, if you're allowed to break it down on the form. If you can't break it down, sue for the higher amount and take both documents in. Can and will he (new pro) go to court with you? If not, ask if he'll write a little more detail on the est. stating why the first repair was not good or what specifically was done wrong. I don't know if in your state if you are allowed to sue for time missed from work for the old repair and new pro to come for est, and you have to have proof that you actually missed work and were not paid (money deducted from paycheck with same dates). Google small claims for your state and see if there are references for you to follow on what is allowable and also what is the maximum...hopefully what you want to sue for doesn't go over that amount.
 
yes, i actually am getting one more est from a second new company next week. i do not wish to make this overly complicated for me or the the court room. i wanna walk in there with an est from new co that reads new work to be done to remedy what existing work did not cure and leave it at that. i guess trying to figure out other amounts i might be entitled to would just be too complicated and get me back to my original problem of just being confused. i have pictures. i have a new est stating work to be done to fix what original work did not cure. i think i go in with that amount. if the judge wants to see proof of what i paid this company suiing me i will have it for he/she to review.
 
After today I now have 2 new est from 2 new companies along with an estimate from the plaintiff to do more work to fix the problem once and for all. All 3 companies agree the entire north wall should fix the problem once and for all. Company 1 wants 2084 like I mentioned above in a different post. This quote is to add on to existing work and remedy the existing problem. Company 2 from today asked for 3198 to redo the work area already done + the north wall. They also said they would do the entire basement for 5104. It was interesting to learn they would do the whole thing for the same price as would the plaintiff for just the north wall and 14 feet down the east wall. The plaintiff wants 5100 to do just the north wall + what they did (5 ft of north wall + 14 ft of east wall = 1900). I have all these figures to contend with and figure out what to do next. My case is in Feb.
1. Should I wait until begin feb before I file to catch this guy off guard?
2. Do you think the judge is going to try and make the plaintiff go back and fix his work or make us agree to work together again?
3. Which est do I use?
4. How much do I countersue for?
5. On the counter claim it says an amount + court filing fees right on the form. In this state it must be the case you are to sue and countersue adding in this cost.
6. Do I just sue to go in and get my money back? Seems like the easiest and best way. Just walk in with the I want a refund approach and offer the guy can even come out and take his system out of my house and tell the judge I would prefer to hire someone else.
 
Status
Not open for further replies.
Back
Top