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chiane e asked:


I recently had brick pointing and 4 windows changed on the face of my parents’ 2 story building - 3 family w/ a store front. Contractor didn’t grind out the old cement before putting in the new cement (which I was told was the correct way to do it ). For the windows, there was a 6″ gap between the top of the window and the frame. The gap was “filled in” with pieces of wood that were covered with alumnium. I specifically asked if our new windows were going to look like our neighbors’ before the work started and I was told “yes.” When questioned about the gap, he stated that the place where he usually gets the windows from didn’t have the size that we needed and that it was going to take 4 weeks to get them, so he made the decision to get the smaller windows without asking us. My parents were on the location while the work was being done, however they were busy tending the store. My sister and I work full time. I put some $ down, but withheld remaining bal. What legal action can I take?
There were no contracts involved…only a “proposal”. The proposal listed the scope of the work…no clauses in the proposal. Only thing mentioned about pymt was $1500 down and remainder of the balance ($2000) to be paid when work is complete. I signed and he signed. On the business card that we received from him, it has his name “Sam” and a license #. When I checked the license #, it wasn’t under the name “Sam” it was a completely different name. I don’t think he got a permit from the Dept. of Buildings neither because nothing was posted on our building.