<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lizo:
Recent new home construction with a contractor using a cost plus 15% contract. The contract states that the contractor warrants the consruction for one year from completion. Contractor claims that the warranty doesn't apply because the contract is on a Cost Plus basis. Contractor says that if anything breaks, and they fix it, I pay them the full cost of the repairs and 15% more for their profit. Does this make any sense? What are my options to avoid paying a large bill for repair work done to fix a defective septic system.<HR></BLOCKQUOTE>
My response:
I'd have my attorney write him a very nice letter. The letter would explain to him that: "If you fail to adequatly repair the defects (listed) in the home of (your name)no later than (date), my client has authorized this office to sue you for breach of contract, breach of warranty, Contractual Bad Faith, Negligent Infliction of Emotional Distress, and Intentional Infliction of Emotional Distress, among other causes of action, and to include actual and punitive damages." How's that for getting someone's attention?
IAAL
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