Our company had a maintenance contract with a company that
repairs trailer refrigeration units to do preventative
maintenance on our units. Before performing major repairs
in the past, the company always provided our company with a
written estimate describing the work to be performed and
how much it should be. About a year ago, the company sent
out a repairman to do routine maintenance. The repairman
who came out began working on a trailer that did not belong
to our company, but was in our parking lot. Unlike all of
our trailers, this one did not have our name and logo in
big letters on it. It was unmarked. The repairman proceeded
to rebuild the entire (long non-functional) cooling unit on
the trailer that did not belong to us. After completing
repairs, we were presented a bill for just under $5000. The
repair company is now suing us for the amount due on the
bill, although we have informed them of the name and
address of the owner of the trailer which was repaired.
Our company is no way is getting a windfall from this. The
trailer that was repaired was never used in service of our
company. There was no reason for the repairman who came out
to think it was a trailer we wanted repaired, other than
the fact that it was broken down and parked in the far
corner of our parking lot. No authorization to work on the
trailer in question was given by anyone from our company or
anyone else that we know of.
Florida Statute 559.905 requires a written estimate be
given to the customer and signed if the repairs are more
than $100, but specifically excludes "trailers" under the
definition of motor vehicles, which is the scope of the
statute. As this the repairs were made on the cooling unit
of a refrigerated semitrailer, FS 559.905 does not apply.
What legal defense does our company have against the
plaintiff's attempt to enforce the repair bill on our
company?
Home
Attorneys
Toxlaw.com
Advertise
1996 - 2008. All Rights Reserved. Please review our