I am a contractor that completed work for a customer and later they indicated they had some issues with some of the work completed. I agreed to address and correct the issues but due to health issues I was not able to correct the issues right away. I communicated this with the client. Now I received a demand letter from the clients lawyer seeking a full refund for the total amount of all the work done. I am a LLC corporation. Since they seem to not want me to correct the issues at this point, how should I respond to the demand letter. Is there a time limit to when I should respond to this letter? Thank you
Wolfgang Glenn RobinsonEstate Planning AttorneyPompton Plains, NJ ·
No, there isn't a time limit. Without having read it, I'm guessing that the lawyer letter probably demands the payment by a certain date and threatens, either directly or implicitly, that legal action may be taken. You can either call their bluff, if you think the threat is a bluff, or reach out to the attorney to negotiate. As far as negotiating, you can offer to do the repairs, offer to pay for someone else to do the repairs, or offer a discount of the amount due and give them a refund for the difference. Without any additional facts as to the size of the job, the cost, etc. or any understanding of your intentions and financial position, the right course of action is impossible to know. If your risk averse and just want this resolved and over, you may consider eating whatever profit you made on the job, offering it to them, calling it a wash and walking way (if they accept this). Personally, I would recommend consulting with an attorney, regardless of what you decide to ultimately do, so that if something happens you have someone in your court that is already aware of the situation. Most firms offer a free consultation and knowing that you have someone to turn to in case things don't work out will give you some peace of mind. An attorney can also provide you with a better understanding of the liability you may face, which may dictate what action you decide to take. Good luck!
This is a delicate situation. I have to agree that you may want to meet with an attorney to discuss various options regarding a response. If you choose not to go this route, you should reach out to the attorney with the intention of negotiating a resolution. If you are willing to offer something to the other party to correct the situation, whether it is payment sufficient for them to have the repairs made or for you to do the repairs yourself, you may be able to resolve this amicably. The worst thing you can do in this situation, however, is nothing. Good luck to you.
