You always have small claims. You should be able to present a straightforward case without a lawyer.

I forget what happened to the stove. Does it really need to be replaced? Scratches can be repaired. Dents might be harder to restore depending.

Sometimes a very matter of fact letter detailing the events and providing the quotes for repairing the damages has a good effect--preferably send it certified return receipt requested or some other method that requires a signature. Did you discuss the possibility of that as a first step with the lawyer you consulted?

I know that you said in your last thread that you wanted your stove replaced because it was a brand new stove. Would replacing the door on your stove give you back a new-looking stove? If a simple door replacement fixes it, maybe that is a remedy you should consider. It sounds like your damages are too small to make it worth a lawyer's time and too big to go through small claims (here the limit is $5,000). Settling for a repair that returns your stove to new-looking condition might be your best option.

Regardless, shouldn't their insurance cover these kinds of things? I don't think it covers the actual work that they do, but I thought it covered damages to your property ... ?

jellytoast - home insurance covers against theft, vandalism, etc., not poor workmanship. IF the contractor has his own liability insurance, then it ought to cover this situation but it might take threat of a lawsuit to make him file a claim. Yeah, it's unlikely a lawyer would take this on contingency - you might have to pay a lawyer to at least make some threats.

I would certainly pay a lawyer and I do have an attorney for real estate and financial issues. She has referred me to a lawyer to handle the demand letter and subsequent lawsuit. Stove replacement puts us well over the threshold for small claims, with my current demand letter(draft) sitting at over $9,000.
My wife'd initial RAGE is now tempered by the reality that if we USE the stove we will never get a replacement, and that the process of pursuing a settlement could take months. So yes, we are now prepared to accept a new door and simply haul the stove outside and clean it. (we need to remove the stove to clean behind it anyway.

Check the small claims limits in your state. Here in California I believe it is $10k which would make your claim within that limit.

Yes, the limits vary and I know some states are $10k. Typically lawyers take twenty to thirty percent in contingency. So if you are at nine thousand, the lawyer may keep three of that. But you may need to pay on an hourly basis with such a small recovery potential. I don't know what your lawyer charges--rates vary hugely. It is a lot of work to get ready for court, writing a complaint, documenting everything in a way that's admissible for court, etc, etc. Lawyers are pricey.

OK, here's my suggestion:
I'd take a deep breath and try to focus exactly on what needs to be fixed and skip the extraneous (like the rug is square and putting a bucket in your new sink and your counters --- unless sink and counters are damaged, too.
So, from what I gather, it's a new tile job, refinishing the floor, replacing the range door, and clean-up.

As an aside, does the whole floor have to be refinished for 1200.00? They should be able to refinish just a part and match the remaining floor.

I'd still try to resolve this issue without threatening a law suit because in the end, even if you win, you may have spent more for the lawyer than it's worth it.

The small claims court limit in California is $10,000 for persons and sole proprietors ($5,000 for businesses). You you are limited to 2 claims over $2500 in any one calendar year.

I am not an attorney but this is advice that was given to me by a paralegal friend over 20 years ago and has helped me a few times without going to court.

Write a letter stating all the facts in your case. Write it assuming that these are facts you would present in court before a judge (small claims). Request your remedy and state a date (usually a month's time) which you wish them to comply, or you will take further legal action.

I have used this three times and all three I have received satisfaction without legal action. It sounds like the contractor wanted to fix the mistake but then got overwhelmed when he started seeing the bill. Maybe seeing your case in writing will give him the opportunity to re-think, or at least open lines of communication to find a satisfactory solution for everyone.

Regarding the stove, I think if they can replace the door, that should be sufficient remedy. I bought a $2,100 Firemagic barbeque grill that had to be installed by a pro. The company I bought it from used an independent contractor for the install. The installer sold me a cleaner that, when used, scratched the mirrored finish. I was very upset because it ruined the look. I contacted the company and they were able to replace that piece and it looked brand new.

I think it's a bad idea to drop the lawyer card right away. LindaNew's advice is very good about writing a letter stating exacting what you expect to have done and how much it will cost to make the repairs. It's important to be reasonable so the contractor doesn't start digging his heels in.

I wouldn't even mention lawyers, lawsuits, etc. It's too aggressive right out of the gate. You try to be a reasonable person talking to a reasonable person. You try to persuade him that this is the right think to do.