Over 1 year ago I ordered carpet to be installed in my basement. It was installed in May of 2008. The carpet was installed while I was at work and when I returned home I noticed that the transitions used were the wrong colour. I asked them to be replaced and the company agreed to do so. They didn't show up for over 3 months and when they did, they had the wrong parts. I simply sat on the issue until a month later I was asked to pay my bill and I responded not until the transitions are replaced. 2 weeks later another installer showed up again, with the wrong pieces. I asked him carefully if I should contact the company and he definitively said no, he would take care of it. 6 months later I receive a voice mail message saying to phone so we can arrange to have the transitions installed. I have not responded to the voice mail and my inclination is to at least wait 6 months. Obviously I no longer care if they change the transitions or not and my feeling is they have walked away from the job.

Your thoughts?

Good contract question, but not sure I know the answer! You have an agreement with, it sounds like, the carpet seller, and perhaps not the installer. It sounds like you have not paid anything for the project. It seems clear to me that you owe something, but not the full price as long as your expectations have been reasonable. For some reason, the seller has not sued you, which is good. I would consider having another seller (and installer) provide an estimate on 1) fixing the work, and/or 2) doing the work over if it is totally defective. Let the original seller know what you are doing so that he has an opportunity to make things right. If he refuses to complete the job, then you should have a right to complete the project and offset your debt to the first seller with the amount paid to the second seller.

Generally speaking when you incur a damage you have a legal obligation to mitigate your losses. In this case allowing them to try to complete the job.

The potential alternative is they sue for payment for that part of the work they have completed (which we assume is most of it) and you take on the responsibility of completing the job yourself.

You have to either reach an agreement on paymnet ( lesser amount to accept) or allow them to fix it.

If the carpet installers where independent contractors and not paid by the carpet company that is another issue.
Your contract is with the carpet company, were you to pay them ?

I had a similar experience when I had carpet installed in my home. I contacted SMART Carpet and Flooring | Carpet Stores | Flooring Stores | 1-800-526-7847 | smartcarpet.com to come and give me a quote on a few rooms in my house that needed carpet. They came out and quoted me and it was for a price I couldn't let go. So they came and did a great job. A few months later my teenage son knocked over a candle and it fell on the floor and caught fire in his room. The carpet was totally damaged and had to be replaced. One of my neighbors suggested a company that I should go with. I thought about going with Smart Carpet because they were so good but I trusted this neighbor and so I agreed and got all the things set up with an independent contractor for carpeting. The same thing happened with me as it did with you. In the end they didn't ask for payment or anything because they said it took to long and the room wasn't a very big room so it would have been a couple hundred dollars. I think I got it lucky compared to your situation though.