Help w/ Flooring Contractor (lawsuit?)
About 6 months ago we had Bamboo floors put in throughout most of our downstairs. The contractor that did them was someone well known and we had used him for several other jobs previously.
Anyhow, long story short.....
In January the floors started coming apart....literally! We called him to come by for warranty work and he did. He said he could fix them and would be back on Monday. He didn't show. Over the next month of un-returned phone calls and lots of left messages, he finally called back and at some point we all agreed that if he would tear up all the wood floors, we could just replace them with tile (we just needed to get something done and knew that this would be the cheapest route for everyone). He agreed to do all the work and purchase all the materials (minus the tile itself) and said he would get started in about a week. Two weeks went by and we never heard from him. We called and called and called and he never answered (unless we called from a number he didn't recognize at which point he was busy and would call us "right" back....never).
About two weeks ago we finally sent a "demand letter" (suggestion from our business attorney) stating that if he didn't complete the work by March 25th, we would fill a claim in Civil Court for the total cost of the floor plus installation AND removal of the product that was improperly installed. He called us promptly and said no problem. Then two days later said he needed to finish one more job so that he could have enough money to pay another guy to work with him on our job (since it wasn't paying anything) and wanted to know if he could start on March 28th. We agreed but said he had to sign the contract (we drew up) and drop it by our home by March 17th at 6:00 pm. He didn't show and again won't return our calls!
What now? Do we sue and would it even be worth the effort if he doesn't have money? I am at a loss! We are looking at damages in the 10K range!!!! We have had other contractors look at the job and everyone agrees that the install was VERY poor.