Lowes Will Not Fulfill Their Construction Contract As Agreed. Can I Return With Refund, Or Am I Stuck With A Project I Didn't Pay For?
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In California.
I went through Lowes to have a fence built between my property and my neighbor's. They agreed to build a vinyl fence between the properties, and up the hill behind our house. The salesman saw and climbed up the hill the day we agreed to the contract, saying they could do it. Before the install, I sent pictures to the installation company, who said they could do it. We paid in full. Contract specifies vinyl fence between properties and up the hill.
Installation day comes, workers look at the hill and say it'll be hard, but they can do it, then proceed to install the fence on the flat part between the houses.
End of day, after the flat part of the fence is installed with cement, they say they need their employer to check the hill. Next day the guy comes out, checks the hill and says they cant do it.
They acknowledged in text message that they are in breach of contract because they cannot provide what they sold me.
They come back with alternatives, such as a wood fence. I dont want a wood fence, and paid for the vinyl fence. Furthermore, if they couldnt do the hill, I would have installed the flat part myself and figured out the hill myself as well.
Through numerous back and forth communications, they try to settle us on a wood fence up the hill and 800 refund. They are unwilling to provide an itemized account of the materials and labor. When they send the second contract, the final price is $1000 more, so I'd end up paying $200 more after refund for a project I didnt originally pay for.
I am tired of dealing with them and want a refund and have them remove what they've already installed (or leave it, I dont care) so I can build it myself.
Legal question: The first contract has a section about arbitration. Nothing in it says we cant return the fence. If I demand a refund and they refuse, can I request a charge back on my credit card as they did not fulfill their original contract, or will I ultimately open myself to lawsuit in some way? How can I best proceed?
Thanks everyone!
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