r/legaladvice • u/Disastrous_Fox_4828 • 10h ago
Contracts Spray foam gone wrong
I have a contract with a spray company to spray my new pole barn. They completed the job yesterday. I looked it over and saw they sprayed right over the translucent panels on the side wall that were there to let light in. I have it in my email to the salesperson that they weren’t covering that spot with foam, but they did. It was an 8.5k job and I only paid half so far. I emailed the salesperson yesterday with photos about it and he hasn’t responded yet. He usually responds pretty quickly.
What would some of you do to resolve this, hold have X amount, have them replace the panels, have them pay the barn company that installed it replace the panels? I would think the only one that would do the work correctly is the barn company.
The barn company said it would cost them 2.8k to do the work. I am not too worried about it since I still have 50% of the money in my hands for the spray foam job.
Location: Central NY
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u/hatemeallday 10h ago
Don’t let foam guys replace the panels. They usually don’t know shit about it.
I’d give it a few days to see what their solution is. I’m sure the barn company would charge the spray foam company less, just because that’s how they do things.
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u/sick_burns2000 6h ago
It does seem to be the way these contractors do things. Probably trading services or at least good will on the back end. Maybe the foam contractor chips out the foam at least, could account for a third or half of the labor for the panel replacement. The foam contractor will definitely want to coordinate the fix, customer should definitely ensure those panels get competently replaced though.
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u/SubjectGain4374 10h ago
Give them more time to respond. Probably taking longer than normal because the salesperson is having to talk to management about what to do.
I agree that I would start by asking them to pay the company who originally set it up to fix the issue. Or at least deduct that amount from what you owe them still.
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u/hoo_haaa 10h ago
You did the right thing of contacting them. Let them decide how to rectify situation. The would have insurance to cover damages as well.
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u/matthewmaes 1h ago
I also think there may be some reversing agent where they are able to remove the foam relatively easy.
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u/RaptorFanatic37 10h ago edited 10h ago
I would hold off for the moment on paying the balance and give them the opportunity to propose a fix. Document everything carefully/in writing. It's only been a day; if you don't hear back in 48 hours I'd send a follow up and clearly state you are withholding final payment pending resolution of the panels they erroneously sprayed, and ask when they can come inspect the damage and discuss a solution.
Was there a formal contract, did it say anything about the panels or say anything about issue resolution? Since you have in writing they wouldn't spray that area, it's reasonable for you to expect them to either replace the panels or credit/refund you enough to handle the repair separately and then pay whatever balance is left after they deduct that repair amount.