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I am a contractor and performed a job that now requires warranty work. Customer has demanded removal and full reimbursement.

Huntington Beach, CA |

Our warranty-that is attached to our contract-clearly states our terms for repair or replacement; there is nothing about refunds in our warranty. Customer has denied reading our warranty and now demands complete removal/restoration of our job and full reimbursement of monies paid. Customer is threatening to file a complaint on my license and attack my bond as well if we do not comply. Do I have any options to fight this?

Attorney Answers 3

Posted

Your customer is being unreasonable. Yes, you can defend against your customer's request. You may wish to consult a lawyer now, before the matter escalates. Use the "Find a Lawyer" function here on Avvo. Good luck.

SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. See, also, Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br>

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Posted

If the faulty condition can only be reasonably repaired by removal and restoration, then that may be what you need to do. Although your warranty may preclude such a requirement, general contractual and / or negligence principles may obligate you to fully fix the problem. If simple repair or replacement is reasonable, then the customer's demands are unfounded and you could dispute that demand. You state that customer demands removal, restoration, and full reimbursement. It is likely customer is only entitled to receive repair (or removal and restoration, if necessary) at no cost; OR reimbursement for monies paid to you for the faulty work; but not both. As a disclaimer: Without knowing more facts or reading your contract, this answer is intended to be general only, not specific to your situation. Applicable time limitations may bar certain claims by the customer. Seeking legal advice directly is recommended if you are unable to reach mutual agreement with your customer. Keeping calm and reasonable in your negotiations will help reach that goal.

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4 comments

Michael Raymond Daymude

Michael Raymond Daymude

Posted

A excellent answer, Ms. Soldner. A great first step!

Angela J Soldner

Angela J Soldner

Posted

Thank you very much, Mr. Daymude, for your positive comment. You made my day.

Asker

Posted

Agreed, great answer. My crossroad is that I am ready and willing to remove and completely replace the existing work, we have agreed on these terms and now the customer has reversed his decision and demands removal and complete reimbursement. I am not willing to do that and feel threatened that he will attack my license and bond. I am interested in protecting these things in order to preserve our reputation, but really feel the customer is being unreasonable. I am interested in legal help from someone who is savvy with CA contractor law.

Angela J Soldner

Angela J Soldner

Posted

If you'd like to contact my office, I can assist you. The number is posted with my profile.

Posted

Sure if you have the licenses and permits. It will be up to a judge or jury.

My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

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