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How to resolve unfinished work?

  • 26-08-2020 7:38am
    #1
    Registered Users, Registered Users 2 Posts: 245 ✭✭


    Hi all.

    I hope this is the right section on Boards for this.

    Last year I got in a company to supply, install, test and handover AV equipment for my new build. They did they first fix but said it would be better to finish the job when I got the broadband sorted. I have paid them in full. They still have 2/3 items that belong to me!

    Got the broadband sorted during the lockdown and waited until the restrictions were eased to connect the company to finish off the job.

    The person dealing with the job has been hard to contact and when I do contact him he says that he or someone else will finish the job but this has being going on for months now!

    The company's website/email and phoneline don't work anymore and they seem to have set up another company with the same address.

    I just want the job finished at this stage.

    How do I get them to finish the job or just get back the items they have and some of the money for the installation?

    Small claims court? Solicitor? Gardai?

    Hope I have explained myself properly.

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    I presume AV = Audiovisual?
    Was there any written contract?


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    IMHO this is a case of partial contractual performance.
    They have done some of the contracted work whilst you have furnished your full consideration [money].

    As I see it your remedies might be to seek completion of the contract or to seek recovery of the consideration that reflects what has not been done and the equipment for which you paid.
    Remember that they will be entitled to retain the amount of money that reflects the work that was done - quantum meruit.

    The Small Claims Court would probably be the simplest option.
    However, there is probably no prospect of recovery if the company with which you contracted has ceased trading and has no assets.
    The new company can be safely regarded for practical purposes as having no responsibility for the liabilities of the company with which you contracted.

    If by any chance you paid by credit card there might be a possibility of recovery under the charge back system.

    A personal visit to the company to see what is going on would help.

    Gardaí would only be interested if there evidence of fraud.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    My only concern re Small Claims Procedure is that they've wound up the old company and started a new one.


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