What to do if my father paid a window company to have windows delivered and installed 9 months ago but they have not delivered and the company refuses to give our money back?

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What to do if my father paid a window company to have windows delivered and installed 9 months ago but they have not delivered and the company refuses to give our money back?

Asked on December 5, 2011 under General Practice, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your father can sue the window company for breach of contract for failure to deliver and install the windows.  Your father's damages (the compensation he is seeking in a lawsuit for breach of contract) would include getting a refund of the amount he had paid.  An alternative measure of damages would be the cost of purchasing the windows from another company as a replacement for the windows that were not delivered.  Your father would need to mitigate (minimize) damages by obtaining the windows from a company whose charges for delivery and installation, etc. are comparable to what the original company was charging under the contract.  If your father selected the most expensive windows he could find or obtained comparable windows from a company whose charges were exorbitant, he would have failed to mitigate damages and his damages would be reduced accordingly. 


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