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Cracked Bathtub

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C

cannru

Guest
I live in Missouri and I purchased my home in 1997. This was new construction. Within the first two months the jaccuzi tub cracked around the base. The builder replaced the tub stating the problem was one of "thermal shock". This was a mystery to me since I do not run scalding hot water for a bath. He denied any problems with installation. Two years later (around 12-99) the bathtub cracked again (this time while I was running cold water into a potted plant I had placed into the tub to water). The builder offers his support although he denies any responsibility. He tells me he no longer does business with the company who manufactures this tub. Calls to the manufacturer have been futile. Messages have been left and phone calls are not returned. Isn't the builder/manufacturere responsible? Neighbors who have the same tub have not had any problems. Is this "case" one that would be appropriate for small claims court?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by cannru:

I live in Missouri and I purchased my home in 1997. This was new construction. Within the first two months the jaccuzi tub cracked around the base. The builder replaced the tub stating the problem was one of "thermal shock". This was a mystery to me since I do not run scalding hot water for a bath. He denied any problems with installation. Two years later (around 12-99) the bathtub cracked again (this time while I was running cold water into a potted plant I had placed into the tub to water). The builder offers his support although he denies any responsibility. He tells me he no longer does business with the company who manufactures this tub. Calls to the manufacturer have been futile. Messages have been left and phone calls are not returned. Isn't the builder/manufacturere responsible? Neighbors who have the same tub have not had any problems. Is this "case" one that would be appropriate for small claims court?
<HR></BLOCKQUOTE>

Sounds like a small claims action. He is using the common "blame someone else and something else" excuse. So what if he no longer does business with the manufacturer, he is the one who bought the product and installed it, not you. Did he forget about the express and implied warranties? There are various State and Federal warranties that you could research to help your case.

For support and further info, you may contact a homeowner consumer group www.hadd.com whose main office is located in your home state of Missouri.
 

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