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Posted: 7/7/2022 6:16:47 PM EDT
Hi all,

Long story short: as a landlord, I had a contractor cause a substantial amount of damage to my swamp cooler out of negligence, making me lose two months' rent,.

When confronted about it, the contractor claimed that they don't owe me anything because "completed work is only covered by a 30-day warranty."  The damage wasn't discovered until after 30 days because the damage was done during cooler temperatures, where it wouldn't have been running.

I am planning to file against them using the Unfair Practices Act and/or simple breach of contract (the damage happened because the work was NOT completed).  The law offices I have contacted so far have been too busy to consult with me.


Damages, lost rent, and (my estimate of) punitive damages should amount to about $3,000.


One of the law offices suggested going down the list of the attorneys provided by the state bar website, but I really don't want to blindly call every single one.  Does anyone here have a law office you could recommend for this kind of action?  My property is in Alamogordo, if that makes any difference.  


Thanks in advance.




Link Posted: 7/8/2022 11:16:44 AM EDT
[#1]
The only attorney I know in the Alamogordo area does criminal defense work.  But are you intending on hiring an attorney or just consulting with one to discuss options?  If you are looking to hire an attorney, I would imagine they would want to be paid hourly, and the attorney's fees are likely to exceed $3000.

Assuming you have a claim that would allow for the award of attorney's fee, whether by statute or contract, then it may be worth hiring an attorney.  But don't count on getting your attorney's fees reimbursed.
Link Posted: 7/10/2022 8:27:26 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The only attorney I know in the Alamogordo area does criminal defense work.  But are you intending on hiring an attorney or just consulting with one to discuss options?  If you are looking to hire an attorney, I would imagine they would want to be paid hourly, and the attorney's fees are likely to exceed $3000.

Assuming you have a claim that would allow for the award of attorney's fee, whether by statute or contract, then it may be worth hiring an attorney.  But don't count on getting your attorney's fees reimbursed.
View Quote



It is my hope that the Unfair Practices Act enables me to recoup attorney fees- in any case, I don't want this to end up costing more than I'd be getting if I "win."  

I found a couple law offices that may be able to help me, even if they're not in Alamogordo, so I'll see if I can make any progress with them.
Link Posted: 7/13/2022 10:00:21 PM EDT
[#3]
What about small claims court, gather your evidence and file?
Link Posted: 7/18/2022 10:16:12 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
What about small claims court, gather your evidence and file?
View Quote



I have read that small claims court cases are expedited when using an attorney.  

And considering that I have good odds of getting attorney fees granted to me with a ruling in my favor, I'm willing to go heavy.
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