If a pool company breeched my contract, do I have to pay them?
A Boston pool company screwed up my pool, back yard, and vinyl siding. I already paid them 15,000.00 out of the 23,000.00 in credit cards. The last credit card company is trying to collect, but I say I don’t have to pay the rest because the job wasn’t completed and its a professional malpractice case. The pool company owner, (only worker), has taken off.
This appears to be a professional malpractice case. I am assuming that the Boston pool company is not collectible because it is out of business. If this is the case, you should immediately dispute the balance with your credit card company. The law that applies here is known as the Fair Credit Billing Act. It allows a credit card holder to dispute a charge based on the failure of the merchant to have not properly or fully provided you with the goods or services you charged. However, the law provides that you must inform the credit card issuer of the disputed charge within 60 days of the date of the charge. If the 60 days have expired but you have only recently learned that the pool work was defective, you should make that clear when you register your complaint/dispute.
In order for the credit card issuer to give some validity to your claim, you will need to document the defective nature of the work. This can only be done effectively by way of the written opinion of an expert.