What are our rights for non-payment due to faulty workmanship?

UPDATED: Sep 9, 2011

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What are our rights for non-payment due to faulty workmanship?

A business is threatening to send us to collections. They never gave a contract or a invoice. We found the work done on the deck to be faulty and not up to the quality that they initially stated it would be. We also do not have confidence in them to come back and complete the work.

Asked on September 9, 2011 under Bankruptcy Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the business did a work of improvement on your property (deck construction) and it is not to your satisfaction, you need to contact the Washington State contractor's licensing board to see if this business is a licensed contractor. If it is, it was required to have written contract with you for the work of improvement.

If it is not a licensed contractor, potentially the work it did for you required a contractor's license and it has no license it cannot bring a lawsuit against you for unpaid services. This is so in California. If this is true, you might want to write the business about this issue. If you do, keep a copy of the letter for future reference.

If the business threatening to sue you for faulty work is a licensed contractor in your state, call the state contractor's licensing board and make a complaint against it for faulty workmanship and its failure to rectify the problem.

You might consider consulting with an attorney about the suggestions I have written about in resolving the dispute. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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