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What is a warranty worth? Or what is a lack of warranty worth?

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wantonsoup

Junior Member
What is the name of your state (only U.S. law)? Colorado

So I had a coating applied in my basement and it was on a verbal contract stating a "lifetime warranty" on the coating. Later he emailed me a 10-year warranty statement, then said it was supposed to be 15 but never sent me a 15-year warranty statement. Low and behold there was a problem and he never returned my calls or emails, after 6 weeks I finally got him on the phone and he called me crazy and refused to come out and look at it. A dozen more emails and phone calls and I got him to show up, for three minutes until he swore at me and drove off. Then, I found other people online who said that he refused to do any warranty work on their project either.

So.. my point is that regardless of what he promised me verbally or in writing I know that he would never honor anything and I frankly wouldn't let this jerk in my home again after how he's spoken to me. (I always maintained a super-friendly even-keeled tone in my emails and phone messages, not that it had any effect on him)

In your personal opinion, what is this lack of warranty worth? I feel like it's more than nothing - if the coating completely fails tomorrow I'm basically out every penny I've paid. I am thinking it's worth 10-20% of the project price, given that the material cost is 25% of the cost and the rest was labor and profit, I think that's reasonable. What do you think? (And yes, I know I'm SOL on the lifetime warranty promise if this went to court, a judge would either say I'm lying or that I should have gotten it in writing beforehand)

Thanks, just looking for honest opinions on the value of a warranty in this sort of situation.
 


swalsh411

Senior Member
The alleged verbal contract isn't going to hold up in Court. The written warranty is what matters.

You should have the repairs done yourself that would have been covered under warranty and then sue him for the cost of those repairs.
 

BL

Senior Member
Is this a Company or individual Handy man?

If Company chech with your local Office Of Attorney General-Consumer Affairs and see if they have a few complaints.

If so they might take it from there and open up a case .

If not ,or you can not wait , I agree ,have it repaired by a reputable Company ,have them note the defect(s) on their invoice with letterhead in the other job ,and sue in small claims.
 
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