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Can I sue a company for making me lose billable time

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    Can I sue a company for making me lose billable time

    Hello,
    This isn't really an IT question, but I am a contractor, and this is to do with me losing billable time. So I know this is a long shot ... but hopefully someone can help with advice.

    I had new flooring installed at home, and all seemed fine so I paid. After moving in, I realised a problem. I contacted the installer and they dispute my findings, saying it is not their fault. I contacted the flooring product manufacturer and explained the problem with the floor and the problems I had had with a retailer (that is considered a 'premium installer' of this product). The manufacturer suggested that they (the manufacturer) could send a technician to my house to produce a report which would then be given to us. So I took time off work to be at home to let this technician in to my home to do whatever he had to do in order to produced a report.

    The report was produced and sent to the retailer. The manufacturer now will not give us the report, and the retailer will not either. I suspect because the report blames the installation.

    So I have now taken time off work (because they said they would send me a report) and they will not send me the report. And I've spent more time chaising the manufacturer, so this is more time I could not bill.

    Can I claim back the lost billable time because they are no longer giving me the report they promised?

    Thanks

    #2
    You can sue anyone for anything. The question is whether you've a case. If you ask a lawyer, they may think you have a case, and you still might lose. If you lose, you might have to pay the other party's costs.

    Why did you have to take time off for the report. Couldn't you arrange a time when you wouldn't have to? Don't you have someone who could be at your place to open up on your behalf?
    Down with racism. Long live miscegenation!

    Comment


      #3
      Legal action is a waste of time.

      Contact the MD of the manufacturing company and retailer. Tell them that unless your issue is resolved you are going to tell the world what happened on social media.

      Though, if you cannot tell CUK the name of either under an anonymous account, maybe you should not bother. Go to a solicitor, waste your money, and get nowhere.

      Comment


        #4
        How much time did you take off to let someone in to perform the checks?

        Did you consider asking your client if you could work from home that day?

        Did you have the discussions with the manufacturer, retailer and installer on the phone or are they written?

        What outcome are you hoping for from the case?

        How much time and expense are you prepared to risk for the case?
        …Maybe we ain’t that young anymore

        Comment


          #5
          I'm sure you'll find that whatever agreement you signed would have a disclaimer absolving them of any indirect losses like this. That doesn't mean you can't take legal action but it would likely be a complete waste of time.

          Comment


            #6
            Originally posted by BrilloPad View Post
            Legal action is a waste of time.

            Contact the MD of the manufacturing company and retailer. Tell them that unless your issue is resolved you are going to tell the world what happened on social media.
            This. This is how such issues are resolved in the modern day.

            I know many people who have spent a lot of time trying to do things the "traditional" way (i.e. trying to actually speak to a human being who cares, can help you and won't just fob you off, over the phone) and they've got precisely nowhere. Then they post it on Twitter and Facebook and mention specific "consumer champions" in the message, and suddenly hundreds if not thousands of people have shared/liked/retweeted the complaint message. And suddenly the company at fault sits up, takes notice and resolves your problem very, very quickly. Funny that, eh?

            Comment


              #7
              I'd be more focused on getting my floor fixed. Appreciate that you want to lash out because they're behaving less than fairly but threatening to sue them will just put their barriers up further. A threatened social media campaign will sort them out.
              The greatest trick the devil ever pulled was convincing the world that he didn't exist

              Comment


                #8
                Regarding the faulty product, your claim is against the retailer and \ or the installer not, the manufacturer.

                Can you sue (who, the manufacturer? You have no contract with them.) for loss of income due to the report not being made available to you? Good luck with that one and I very much doubt it, you should have used an independent source to produce your report.

                Your option now is to take more time off and get an independent report then use the Small Claims Court to recover the cost of loss of income and the two reports. But, you'll also have to show the Court you have tried to reach an amicable solution.

                Comment


                  #9
                  Thank you all for your comments and your many valid points.

                  A few of you suggest focusing on fixing the floor, including getting an independent source. I have found a few flooring experts who seem to specialise in flooring disputes, and my plan is to use one of these to create a report and then, depending on that report's findings, possibly seek financial compensation from the installer. I have never sued, or been sued, or had any involvement in Small Claims Court - but I guess we all have to start once.

                  But I am still furious now at the manufacturer because of their actions - claiming to 'help' by allowing them into my house to create a report, and then not giving it to us. As far as I can recall, we never signed anything with the manufacturer ... unless the technician gave us paperwork to sign, but I don't recall that. So I am keen to ensure they do not get away with this. (We have tried contacting the MD, but were diverted to Head of Customer Services - what a joke.)

                  Thank you all again.

                  Comment


                    #10
                    Originally posted by schater View Post
                    I have found a few flooring experts who seem to specialise in flooring disputes
                    Never knew such a profession existed...

                    But then you have this:

                    Taking a break from contracting

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