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?
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.
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Construction / Development Lawyer
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.
Family Law Attorney
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.