Legal Question in Consumer Law in Maine

Would we still owe if chack is marked Paid in Full?

We recently hired a pool company to open our pool and put in a new pump - It has been two months and the pool is still not ready to swim in - We have been calling them and asking them to fix the situation because typically it takes less than a week to have the pool up and running - They kept asking us to do things (like shock it, rinse off filter everyday etc) All of which we did and still the pool was not clear - After two months of this back and forth, we decided to pay them for the pump and the labor to install it - we ubderstand this part of the bill is not diputable however we did not pay for them to ''open'' the pool because it still was not usable - When we sent the money for part of the bill, we also included a letter stating why we did this and what the money we sent was covining - We gave them a deadline of two more weeks to get the pool open and usable - We wrote on the check and in the letter if the pool was not ready (clear and swimable) by such and such date, we would consider the money we sent as payment in full - They deposited the check, did not ''finish'' the pool and are now sueing us-sDo we have to pay the remainder of the balance even though we sent a letter stating our reasons for not payingthe full amount? thank


Asked on 9/04/05, 8:01 pm

1 Answer from Attorneys

David Anderson Anderson Business Law LLC

Re: Would we still owe if chack is marked Paid in Full?

How much are they suing for? You may wish to enlist counsel to assert an affirmative defense to their action called "accord and satisfaction".

Depends on facts: Did you send the letter accompanying the check? Was the notation clearly entered on the endorsement portion of the check, or the memo portion?

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Answered on 9/04/05, 8:38 pm


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