• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Construction warranties

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Mcswfla

New member
I am a masonry contractor, I installed precast on a newly built house in 2011. That house is up for sale and during an inspection a piece came loose, after further inspection it was the only one. I repaired it for the home owner. The buyer wanted me to warranty the house for 3 yrs. I was advised by an attorney that under no circumstances should I honor that. We also went through a category 4 hurricane last year- Irma-. Now the home owner sent the attorney a letter stating that because of her legal advice he lost a 7million dollar sale and the warranty would have avoided litigation. Does this mean I am going to be sued for damages?
 


adjusterjack

Senior Member
Does this mean I am going to be sued for damages?
Anybody can sue anybody for anything. Whether you will be or won't be is anybody's guess.

I think your attorney was right and you would likely have a good defense against a lawsuit. Frankly, I suggest that you and your attorney either ignore the letter or he can respond on your behalf that you don't have any liability for what happened. Then NEVER get into any conversation with the home owner. Let your attorney handle it.
 

justalayman

Senior Member
You surely could surely be sued. I don’t see it as having any valid basis though. You are not obligated to extend a warranty. You are obligated to perform under any warranty you did provide. That’s pretty much the end of your liabilities (barring a fraud issue) .


This is hindsight but you could have attempted to negotiate an extended warranty if you chose. You should be compensated for the warranty though if you did offer an extended warranty .
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top