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service without signed contract

Colorado

we installed 2 new garage doors for a customer, but she was going to use her existing garage door opener. after the doors were installed, it became evident we need to replace the photo eyes on her opener and at her request we did. several weeks later, she demanded an emergency weekend repair because her neighbor told her the garage door installation had a very serious problem. when we arrived, the problem was the garage door opener that was causing the problem, NOT the door. we invoiced both the service call to install the safety eyes (May 3rd 2021) and the emergency weekend repair (June 28th 2021) and she is refusing to pay. i threatened her with filing a mechanics lien and she responded by saying she does not have a signed contract with us to do the additional labor, so she stands with her original refusal to pay. We definitely do not have anything signed by her. The original photo eyes service call was upon her approval while we were on site. for the second service call, i have a voicemail from her demanding an emergency repair, which we did on a sunday afternoon. i have 2 questions. first, do i need to respond to her email and if so, how do i respond? secondly, despite our lack of signed contract, can we still file the Intent and subsequent mechanics lien??

1 reply

Jul 29, 2021

for your reference, here is her response and my final request for payment below (note, this was after several previous emails):

---------- Forwarded message ---------
From: Janis Battaglino <battagli7@aol.com>
Date: Wed, Jul 28, 2021 at 5:08 PM
Subject: Re: Report from A & J Garage Doors INC.
To: <heidi.ajdoors@gmail.com>

Dear Chris:

I don't have a signed copy of a contract with your company. Please send me a signed copy or other document  that would justify the additional charges you listed. If I have not heard back within a few days I will assume that you have no such authority and that you are making idle threats.

Janis

 In a message dated 7/28/2021 8:08:31 AM Mountain Standard Time, heidi.ajdoors@gmail.com writes:

Janis,

Please see the attached report which reflects the balance due through 7/31/21. If payment is not received by 7/31, each invoice will increase $15 for August past due. Also, as previously mentioned, we will not install the new section until we receive payment for the 2 open invoices.

Chris has attempted to call you a few times, but has not heard back from you. Be aware, the next step in our collection process will result in filing a Mechanics Lien against your property. If these invoices are not paid by 8/15/21, I will add $350 administrative legal fee for filing an Intent to LIen with Jefferson County against your property. After filing the Intent to Lien, you will have 10 days to pay $1120 before an additional $750 will be added to your account in order to file the Mechanics Lien with Jefferson County.

If you have any questions, please call Chris at (303) 549-4425 before 7/30. Any communication after 7/31 must be in writing. Phone calls will be refused after 7/31/21.

Both of these invoices have been sent to you on multiple occasions with the option to pay electronically, but if you need me to send each invoice again in order to pay electronically, please let me know.

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