Need advise for this type of situation
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I have a friend who's also contractor and is in a bit of a problem, I'd appreciate any advise you can provide:
He did a remodel in 2007 (7 years ago) for a client. There's been a couple of problems here and there back then, and my friend end up reimbursing $5,000 for the problems happened at that time.
Couple of days ago, he received a letter from the client, saying that there are couple of spots which the client is not happy with (ie. granite, tile work) and since her tenant has just moved out, she can re-do those areas with a different company and is asking my friend another $10,000 for the "bad work"
I checked the original contract and there isn't a release of liability signed by the client and there isn't a written warranty time on the contract either. (I know this shouldn't be like that but he was just inexperienced with the paperwork) I just want to know whether my friend could lose the case if he decides to go against the client's request and possibly gets a claim filed by the client.
Thanks for your time
He did a remodel in 2007 (7 years ago) for a client. There's been a couple of problems here and there back then, and my friend end up reimbursing $5,000 for the problems happened at that time.
Couple of days ago, he received a letter from the client, saying that there are couple of spots which the client is not happy with (ie. granite, tile work) and since her tenant has just moved out, she can re-do those areas with a different company and is asking my friend another $10,000 for the "bad work"
I checked the original contract and there isn't a release of liability signed by the client and there isn't a written warranty time on the contract either. (I know this shouldn't be like that but he was just inexperienced with the paperwork) I just want to know whether my friend could lose the case if he decides to go against the client's request and possibly gets a claim filed by the client.
Thanks for your time
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7 years? Tell em to piss up a rope.
Actually, I think there is a law similar to this but different. If a contractor knowingly covers up or hides some issue- neglectfully and knowingly causing damage not noticeable immediately is still liable and I think the timeline is 7 years.
Not cosmetically. Example: Not installing deck flashing causing slow leak or a covering up a known bad issue.
Not cosmetically. Example: Not installing deck flashing causing slow leak or a covering up a known bad issue.
The prior reimbursement is a good thing - kind of shows the client didn't see anything wrong then.
Barring some other contractual obligation, I'd say he's in pretty good shape. I forget the number, but the IRS thinks counters are good for 10-15 years for rentals.
Barring some other contractual obligation, I'd say he's in pretty good shape. I forget the number, but the IRS thinks counters are good for 10-15 years for rentals.
Tell your friend to send them a copy of Google map with directions to the nearest HWY.
The only thing you answer for after 7 years is the murder, everything else happened 7 years ago.
The only thing you answer for after 7 years is the murder, everything else happened 7 years ago.
Looks like the HO is trying to come in under 7 years. Doesn't really matter, IMHO.
Under normal circumstances, I'd suggest they tell the customer to pound salt, as they already got their pound of flesh, but if it happened in California, New York, New Jersey, Connecticut or Florida, who the heck knows... I've seen/read some wacky things form those states as it relates to contracting...
Check with an attorney, as they will know the statutes of limitations for the state...
Considering this is your first/second post, and in conjunction with the fact that there's not much in your profile, we also can't negate that you may be the supposed offended customer trying to pry some way to get more money out of the contractor... wouldn't be the first nor the last... :whistling:
Not saying you are, but it's weird that you would post and not the contractor who is affected by it... out of the two of you, who has more to lose?
Check with an attorney, as they will know the statutes of limitations for the state...
Considering this is your first/second post, and in conjunction with the fact that there's not much in your profile, we also can't negate that you may be the supposed offended customer trying to pry some way to get more money out of the contractor... wouldn't be the first nor the last... :whistling:
Not saying you are, but it's weird that you would post and not the contractor who is affected by it... out of the two of you, who has more to lose?
Thanks everyone for inputting valuable responses, some of them made me laughed. It was good.
Yes, we are in California, and in my point of view, the CSLB or government tend to take side with the home owners more than to the contractors. So I just want to make sure that whatever the client does, the result will not end up in her favor. He's worried that he didn't specify the warranty time. In my assumption I think that when you don't put a warranty time on the contract, it could mean that there's no warranty at all. Right?
Yeah, it's definitely not something he wanted to hide intentionally. The client said that there was a crack on the counter and that the tile is installed in a bad shape, things like this.
Haha that's a really good point. But no, I'm just trying to get some answers here since my friend asked for my suggestion and he's not that tech savvy.
Yes, we are in California, and in my point of view, the CSLB or government tend to take side with the home owners more than to the contractors. So I just want to make sure that whatever the client does, the result will not end up in her favor. He's worried that he didn't specify the warranty time. In my assumption I think that when you don't put a warranty time on the contract, it could mean that there's no warranty at all. Right?
California and ambiguous contract? Lawyer IMHO... that said, the customer is swimming up river on this one 7 years later and tenant is just moving out and NOW it's a problem...
I'd understand people taking the time to read my post and try to help. You are not obligated to write something when you can't provide helpful response related to the question of the post. Trying to bump your post counts by being a smart ass is not appreciated. I'm surprised to see trolls trashing in a mature profession oriented forum. You should be ashamed of being whoever's hired contractor.
I think he can post whatever he wants, don't you agree?
I'm ashamed of him for boosting his post count without saying anything useful.
If you're going to hang around here long you had better get used to the idea of people busting your balls. Most of the time they are just messing with you. You'll know if someone is serious. And theres no telling how often hacks or homeowners come on here acting like real contractors telling stories on their friends and such.
Just hang around a bit. You'll learn to like it.
Just hang around a bit. You'll learn to like it.
Pretty sure your kidding but,
Old Delta has posted plenty that was useful, hoss. He only said what we are all thinking
Old Delta has posted plenty that was useful, hoss. He only said what we are all thinking
In Washington you can still be liable after seven years time, see an attorney.
A cracked counter in a rental? Don't waste a moment thinking about it. Tile installation in "a bad shape" i.e. layout? That became a non-issue the moment the client paid the final bill.
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