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Unusual collection... Repairs, Maintenance

Discussion in 'Living in, Use of the Premises' started by wtarush, Jul 7, 2011.

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  1. wtarush

    wtarush Law Topic Starter New Member

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    This is my first time on this forum and I pray that I do not require the services and advice rendered here on any sort of regular basis. My problem is this: I installed a wind turbine for a Kansas resident during the summer of 2010 and left the property with an intact and functional wind turbine. The wind did not blow with any sort of strength, nor regularity (as is common in KS during the mid-summer months), and the resident did not see the reduction in the electric bill that was desired. The system was turned off by the resident and there were claims that the turbine actually consumed electricity, which is mechanically impossible for this system. Either way, the resident called in another technician to "repair" the system by adding optional parts and it was turned on again. Of course the wind started blowing and the system works fine.

    The "repair" labor was completed in September of 2010 and the resident is now, July 2011, making a claim that I owe for the cost of the "repairs". There is one instance in the repairs that was a viable upgrade to a recently-updated factory specification (a wire size difference) and I believe that the consumer should not owe for a factory specification change.

    (Note: In 2010 there was in place a 30% tax credit for all costs concerning renewable energy)

    It is my belief that the landowner withheld claiming this bill for tax purposes; claiming the cost of the "repairs" for its tax credit properties for their 2010 taxes and has only now, after recieving whatever tax return they might have accrued in 2010, claimed that it was not their bill to absorb.

    My question is: Does claiming the cost of a bill for a tax deduction/credit/return qualify as claiming the bill as one's own? I certainly hope it is because if it is deemed that I should absorb this bill, which I believe I should not, I would not be able to claim my costs as a deduction/credit/return for services rendered in 2010.

    Hope everyone has a great day and I look forward to the many replies my quandry evokes.

    G
     
  2. mightymoose

    mightymoose Moderator

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    Yes.

    In fact, by obtaining a tax credit and getting you to pay the bill the homeowner is making a profit. If it were to be found that you do owe something then the homeowner may have committed fraud by claiming the tax deduction.

    Anyway- any repairs should have been done by whatever warranty was given by you upon installation. If the homeowner didn't abide by the warranty and never gave you opportunity to inspect/repair the problem, he will likely have difficulty holding you responsible for the bill.

    Review any warranty paperwork and you will likely find your best defense if you are actually sued.
     

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