Home improvement / legal question

[Dave Rifkin]

My wife and I recently contracted to have a new laminate countertop, with undermount sink and beveled edge made up, and installed, for our kitchen. We paid extra for "template / installation" services.
When the countertops arrived the guys installed the smaller top next to the range and then placed the larger "L-shaped" top. In order for that top to "fit" they had to smack the top quite a few times until it wedged itself between the wall and the range.
I was not thrilled with their process but, I figured they are the professionals right?

After they left I had already arranged for a plumber to stop by and install our new disposal and faucet. That part went as planned and within a few hours we were in business.

My wife and I left for a few hours and, upon our return, we noticed that the enamel on the two front corners of the range were chipped. I can only assume that the extreme pressure of the two countertops squeezing the range top created a stress point and the enamel popped off.

I immediately called the kitchen company we dealt with and they said they would send the countertop manufacturer out to check the situation. Of course he denied that his tops could have damaged our range but, he would remove the tops to see if he could belt sand the top to make a better fit.
He and his guys proceeded to remove the tops and, instead of making the necessary adjustments, loaded them onto their truck and told me that they would not be returning with them. They wished us luck in getting replacement tops and pulled away (Keep in mind this part of the story has been condensed and cleaned up a bit)

My question is; can this person legally remove a countertop from my home? One that has already been fastened to the cabinets and outfitted with the plumbing fixtur

[SS427]

I would assume that if you had not yet paid them then yes they likely could. If they were paid for then I do not see how they could. I would be putting their name in print everywhere possible. In todays day and age of the internet, you must take care of your customers especially when it is your problem.

[Dave Rifkin]

We had paid the kitchen company a $700.00 deposit and were to pay the balance once the job was completed to our satisfaction.

I intend on filing a complaint with the BBB but, wanted to see if they were within their rights, legally, to confiscate our countertops.

I worked for a custom cabinet maker for 8 years and I was always given the impression that we were not able to remove things that had been installed (bolted down) in order to urge customers to pay up.

[67L78conv]

Not a lawyer but sounds like theft to me, they entered your home under false pretenses (going to repair their shoddy work) and removed an item that technically belongs to you with, I assume, a signed contract for said work to be done and materials listed.

Even though you only paid part of it for them to do a job it is breach of contract on their part as they were contracted to perform work and supply materials which they then removed, again under false pretenses. If they refunded your money then they are still responsible for all repairs to make the home right again including covering the costs of the plumber and damages to the range.

If you had not paid them at east a deposit then they can get their materials back but first need to file papers with the court or claim theft on your part and press charges. In NJ we (contractors) usually use the courts and file a mechanics lean against the property owner.

Still a lawyer could tell you better.

[Mr. Chevy]

Most likely a Civil Matter..

Rich