Make a company complete a paid for job

UPDATED: Oct 2, 2022

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UPDATED: Oct 2, 2022Fact Checked

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Make a company complete a paid for job

Hired and paid company to replace A/C duct work in home. The duct work failed. The company came back and said the job done in my house was all wrong and the man who designed my project was on drugs and they were having to redo other projects he supervised. This supervisor has since been fired from their company. Since then, the company did a temporary repair and have completely disappeared. It’s been weeks, they don’t answer their phone or return calls. Also, while doing temporary repair they put a large hole in my ceiling. I don’t know what to do. I’ve already paid $5,000.

Asked on August 19, 2019 under Business Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, you would sue for "breach of contract" for the cost to correct and complete the job, as well as repair any damage done. There was an agreement (whether written or oral) for them to do certain work in exchange for pay; you did your part and paid them, so they are obligated to do their part and do the work properly. Further, if anyone carelessly or negligently causes you damage or to incur costs, they are responsible for the damage done; and an employer is resonsible for their employee(s) do--or fail to do--their jobs under the legal theory of "respondeat superior." So suing is your recourse.
If the company had been an LLC or corporation, you can only sue the company, not the owner(s) personally. That means that if the company is now out of business, has no assets or money, dissolved, etc., you will not recover anything. You can only get money from an in-existance LLC or corporation which has the assets or income to pay you. However, the LLC or corporation still exists and is operating, even if someone new owns it, the LLC or corporation would still be responsible and could still be sued.
If the company had not been an LLC or corporation but a sole proprietorship (i.e. the owner simply "doing business as" the company name), the owner is personally liable for what his company did, and you could sue him personally.

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 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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