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Overland Park, KS asked in Contracts, Business Law and Civil Litigation for Kansas

Q: I paid a business for ceiling insulation but received drywall installation instead. What are my options for rectifying this issue?

In June 2024, I hired a business to insulate my ceilings with blown-in insulation. However, they removed a drop ceiling and installed drywall only, which was not what I agreed upon. I've contacted them multiple times offering a chance to rectify the issue by doing one room at a time (3 rooms total), but they refuse to take further action, claiming that because I paid in full, I'm satisfied with the service. What are my options to resolve this issue?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You’re dealing with what sounds like a breach of contract. If you have written documentation—like a proposal, invoice, or messages—that clearly states the agreement was for ceiling insulation and not drywall installation, that will help support your case. Even if the company claims your payment means you’re satisfied, the law often allows you to challenge services that weren’t performed as agreed.

Start by sending the business a written demand letter. Be clear about what was agreed upon, what was done instead, and what resolution you expect—such as completing the insulation work or a partial refund. Give them a reasonable deadline to respond. Sometimes, the formality of a letter can push a company to act when phone calls or casual emails don’t.

If they still won’t fix the issue, you can file a complaint with the Kansas Attorney General’s Consumer Protection Division. You also have the option to take the matter to small claims court if the amount is within the limit, which in Kansas is typically up to $4,000. You wouldn’t need a lawyer to do that, and the court could award you damages if they agree the contract was not fulfilled.

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