Window Repair After Break-In

[Crispix]

What is the name of your state? CA

I'm an LLC and lease an office suite. 6 months ago there was a break in. Outside windows were broken during a weekend. The police came and called a glass repair service (that they recommended) to board up the windows as a temporary fix. I told the repair guy that the landlord was responsible for the outside windows and that he should contact him to get his insurance information. He said "no problem" and I signed the receipt indicating that the windows were boarded up. I asked about price; he said they work that out with the insurance company directly.

Two months went by and no one heard from them. The landlord replaced the glass on his dime.

A month later the landlord told me he that repair shop finally contacted him and they wanted to replace the windows. He had already taken care of it and told them no thanks.

I then received an invoice for over $1000 from the glass repair shop for the plywood fix.

The landlord says my insurance company needs to pay according to our lease agreement. I called my insurance company and they read the lease agreement and said it indicates that the landlord's insurance should pay.

I just received a letter from the glass company that says "The police ordered us to repair the window, so the owner _by law_ must pay, even if the owner did not order the work."

Say what? This can't be true. Besides, I'm not the owner. Did they just admit that I did not order the work and that I am not liable?

I called the glass repair guy -- I want him to get paid a fair price -- by my landlord. The glass repair guy does not want to talk to the owner of the building, and said "You signed the receipt; I'll see you in court".

Here are my questions:
1. They claim that my signature on the work receipt makes me liable for payment. Is this true? I never agreed to a price. I did not keep a copy of this receipt, and I can tell from the invoices they are sending me that they are writing in extra information and prices that I did not agree to, including orders to replace the windows. Their behavior is shifty and I have a bad vibe. I think this invoice has been artificially inflated to cover items that were never ordered.

2. I will probably be sued in small claims court in the near future. Can I subpoena my landlord to the hearing? If so, is there a legal argument I can use to say "don't sue me, sue the landlord?" -- can the judge interpret the lease and decide who should pay? Do I have to countersue or file a separate claim against the landlord to do this, or is a subpoena enough?

3. In the event that I am found liable, I need to contest this price I never agreed to. Would a good defense be to get quotes from other glass repair company to show that $1000 to put up plywood is ludicrous? How can I defend against an invoice amount I never agreed to?

4. According to the Better Business Bureau, a contractor needs to provide written notice that I have 3 days to change my mind when ordering work. Is this true/applicable? I never saw such a notice. Any relevance to this case?

I am on reasonably goods terms with the landlord -- we just have a dispute about how to interpret our lease. I'm sure we can let our insurance companies figure that out for us, but in the meantime I'll probably be sued and need to plan a defense.

 

[JETX]

Q1) "They claim that my signature on the work receipt makes me liable for payment. Is this true?"
A1) Normally, no. But you will have to read what you signed. It may very well guarantee payment.

Q2) "I never agreed to a price. I did not keep a copy of this receipt, and I can tell from the invoices they are sending me that they are writing in extra information and prices that I did not agree to, including orders to replace the windows. Their behavior is shifty and I have a bad vibe. I think this invoice has been artificially inflated to cover items that were never ordered."
A2) "You need to get a copy of what you signed. Are you saying they didn't give you a copy (unusual) or that you lost the copy they gave you?

Q3) "I will probably be sued in small claims court in the near future. Can I subpoena my landlord to the hearing?"
A3) If a lawsuit is filed, you can subpoena any involved party.

Q4) "If so, is there a legal argument I can use to say "don't sue me, sue the landlord?""
A4) You won't need an 'argument', you only need to state the facts as you know them. (BTW, the landlords insurance is supposed to cover the building and structure.... including the windows.)

Q5) "can the judge interpret the lease and decide who should pay?"
A5) The court can certainly review your lease and, if rule on the facts in evidence. He cannot argue your case for you. Simply, this means you will have to offer a copy of the lease to support your defense that it does NOT make you liable.

Q6) "Do I have to countersue or file a separate claim against the landlord to do this, or is a subpoena enough?"
A6) I would wait until their lawsuit (if any) is heard. If you are found liable for the costs, you will then have to sue the landlord to recover the 'damages'. If not found liable, then you won't need to do anything.

Q7) "In the event that I am found liable, I need to contest this price I never agreed to. Would a good defense be to get quotes from other glass repair company to show that $1000 to put up plywood is ludicrous?"
A7) No. The issue is NOT the 'normal' cost of plywood and installation, but the cost of emergency 24/7 service.

Q8) "How can I defend against an invoice amount I never agreed to?"
A8) You really can't. The reason is that YOU shouldn't have signed any document that didn't detail the costs.

Q9) "According to the Better Business Bureau, a contractor needs to provide written notice that I have 3 days to change my mind when ordering work. Is this true/applicable? I never saw such a notice. Any relevance to this case?"
A9) No. The BBB doesn't make or interpret laws. So, unless there is a statute requiring 3 days allowance, it doesn't apply. Also, any 3 day 'cooling off' rule has very specific requirements to apply.... and an emergency repair doesn't qualify.

Suggestion... if something like this were to happen again, make sure that the landlord 'on scenes' so that HE can take care of his property.

 

[Crispix]

>A2) "You need to get a copy of what you signed. Are you saying they didn't give you a copy (unusual) or that you lost the copy they gave you?

They didn't give me a copy. I had my guard down since the police were the ones who called them in for the repair and they told me they just deal with the insurance company directly.

>Suggestion... if something like this were to happen again, make sure that the landlord 'on scenes' so that HE can take care of his property.

No kidding. But he wasn't reachable at the time. I pushed him hard today to work this out with the glass repair company himself, as a lawsuit was imminent and he'd be dragged into it too. I think he got the picture; he said he'd talk to the guy.

I'll post again when I am either served with a lawsuit or the landlord tells me he settled it on his own.