Professional negligence and breach of contract

[Skell]

Hi, hoping someone can offer advice and guidance.
I had a grave memorial installed on my father's grave. The memorial mason who installed it completely damaged it ( applied oil to it, which was not part of the contract and then damaged it further by abrasively removing the oil with grinders) - so it is scratched all over and nothing like the memorial we provided to them to install. They are not accepting liability even though the contract is clear as installation only. I will be making a small claims for breach of contract and negligence - just wondering due to the nature of the claim can I seek damages for injury to feelings and distress? It has been so stressful and they drag out the process.

[ostell]

Not in the small claims you can't

[echat11]

Hi Skell

Is the mason a member of a association? If so does that association have a ADR scheme that you could complain and hopefully get resolution. The courts will require you to do everything before you turn to them.

[Skell]

Thanks for the help... on their Website they have a link to NAMM (national association of memorial masons) however they are not member. Although they don't claim to be members, I still found this misleading. They have since removed it. If they were members that would have helped. This company has even threatened to remove the memorial and told me to collect it from his yard and he'd refund the deposit!