Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Feb 2009
    Posts
    1

    Default No Payment for Home Repair

    My question involves court procedures for the state of: reside in Maryland, but incident occured at a PA residence.

    Two men acquired a side home improvement job for a man who lives in PA. Work involved installation of receptacles, light switches, two outside porch lights, ceiling fan, and the electric panel. Power had to be disconnected in order to fulfill these jobs, the panel being located in the garage. Upon completion of the days work, the owner of the home attempted to open his garage door, but it didn't open. One of the men, who is a certified master electrician, replaced the breaker for the garage door, which became fully functional again. The next day, that man received a phone call and was told that the garage door was not working and that they were not going to get paid unless the motor was repaired. The homeowner originally agreed to pay $600 for their services. It was learned that the motor was made in 1986 - a nearly 25 year old garage door motor.

    Of course there is a possibility that the motor could have been damaged during the job.


    Because neither men did not possess home improvement licences, does this mean that the home owner is not obligated to pay for services rendered?

    Assuming that it was their fault that the 25 year old motor was broken, would they have to pay the full amount for the cost to replace it or just what it was worth?

    Is it justified that the man not pay for their services?
    Do we have a chance in small claims court?
    Could we take this to small claims?

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: No Payment for Home Repair

    Most often you cannot just replace the motor, you need to purchase the entire kit. Secondly, chances of finding parts for a motor that old and the cost of repairs would greatly outweigh the cost of a new opener.

    Why not attempt a compromise; purchase a new opener and install it, then deduct the cost from the $600 he owes you.

    You'll have a tough time proving that the age of the opener suddenly caused it to cease working (since it was working fine before the breaker was pulled) and he'll have a tough time proving that your actions caused the failure.

    I highly doubt that a breaker reset would cause the motor to die but a sudden power surge could cause it to occur.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Payment for Home Repair

    ("...then deduct the cost..." - did you mean "or deduct the cost"?)

    1. Sponsored Links
       

Similar Threads

  1. Eviction Process: Tenant Deducted Repair Cost From Her Rent Payment
    By jarno in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 12-08-2009, 10:57 PM
  2. Sued Over Uncompleted Home Repair, Only Paid in Part
    By markb042393 in forum Construction, Repair and Renovation
    Replies: 6
    Last Post: 10-19-2007, 11:45 AM
  3. Auto Insurance: Payment For Car Repairs, And Choice Of Repair Shop
    By Lee926 in forum Insurance Law
    Replies: 1
    Last Post: 07-18-2007, 08:38 AM
  4. Repair and Maintenance: Refrigerator Repair in Leased Pennsylvania Home
    By PA renter in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 05-10-2007, 07:19 AM
  5. Home repair for a friend
    By met2morf in forum Independent Contractors
    Replies: 2
    Last Post: 09-30-2006, 08:44 PM
 
 
Sponsored Links

Legal Help, Information and Resources