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

Asked 11 months ago - 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)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . 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.... more
  2. Angela J Soldner

    Contributor Level 3

    2

    Lawyers agree

    1

    Answered . 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.

  3. Stephen Ross Cohen

    Contributor Level 20

    Answered . 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.... more

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