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Is payment still owed.

Texas

I was hired to install a sink. The sink was installed but during installation the countertop was damaged. The damage could be repaired and I purchased the repair kits and started the work. The original work was completed. All was fine until customer was asked to make a partial payment. At that point she said she was unhappy with the incomplete repair and wanted to file a claim with my insurance. She was given insurance info. Our written and signed contract states that if any damage occurs that my company will either make repairs or hire a 3rd party to complete the repair. Also, given the event that customer chooses to hire their own 3rd party, they would be responsible for payment to that 3rd party and would relinquish me of all liability. It should also be noted that she did tell me that she received a quote from a 3rd party to have her entire countertop replaced. I believe that she crossed the line when she expressed that she had formally received a quote and requested my insurance info. A claim has also been filed with my insurance, that was done by me. Given all that has transpired, is she still responsible for the original sink install, which is completed and in perfect working order? Thank you for your time and assistance.

3 replies

Jun 20, 2022
The short answer is "yes" but the longer answer is that "its complicated". You need an attorney to sort this out . You are welcome to contact us at kfwlaw@gmail.com This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on this site are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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Jun 21, 2022
Yes, she is still obligated to pay for the original project, the plumbing installation. While she could offset the damage repair against the obligation for the plumbing, she apparently failed to follow her contractual obligation on how to handle the damage repair. This means she loses her offset right. To put it simply, she is over-reaching in her claim.

 
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Jun 21, 2022
YES
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