Contractor Liability For Defects

Summary

Contractors in California may be liable for defective materials, even if the defect is due to the manufacturer. The Song-Beverly Consumer Warranty Act generally does not cover construction materials. Review contract terms and consider legal avenues like breach of contract or warranty claims. Consult a lawyer for detailed guidance.

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no. does the song-beverly consumer warranty act cover construction materials as well?
The California Song-Beverly Consumer Warranty Act generally covers consumer goods. However, construction materials used in building or remodeling homes might not fall under this act. You may need to explore other legal avenues like breach of contract or warranty claims.
Do you have any more details about the warranty or other legal questions related to this issue?
can i be sued by the homeowner and forced to pay the cost of replacing the bad material?
In California, as a general contractor, you could potentially be sued by the homeowner if the siding material is defective. Even if the defect is due to the manufacturer, homeowners may argue that you are responsible for selecting and providing the materials.
To better understand your situation, could you tell me if there was any specific warranty or agreement made between you and the homeowner regarding material defects?
yes. we have a contract with the homeowner, and there is a paragraph in our contract that says this:
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It's important to review the specific contract terms between you and the homeowner. Here are some relevant points:
- Contract Terms: Review the paragraph regarding material defects to understand your liability.
- Warranty: Assess if the manufacturer's warranty can be leveraged.
- Legal Avenues: Consider breach of contract or warranty claims.
Could you share the exact wording of the paragraph related to material defects in your contract?
"the liability of the contractor for defective materials or installations is limited to the replacement or correction of said defective materials or installation. This limited warranty extends only to the home owner and is not transferable. There are no warranties either expressed or implied which extend beyond the description within this paragraph. The warranty shall terminate one year from either final building inspection or the date of the completion of the project, whichever is earlier"
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Based on the contract paragraph you provided, it seems your liability as a contractor is limited to the replacement or correction of defective materials or installation. This should offer some protection. However, legal interpretation can vary.
Would you like more information on how to approach this situation legally, or do you have any other questions?
but it is not my fault tha the material is defective, and the fact that it was defective could not be discovered until after it was installed. why can i be forced to pay for it to be replaced, when it is the manufacturer's negligence in providing sound material that is the issue?
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I understand the frustration. In California, contractors can sometimes be held responsible for defective materials, even if the defect is due to the manufacturer. You might need to pursue a claim against the manufacturer for the defective materials.
Would you like more information on how to proceed with a claim against the manufacturer, or do you have another question?
but the manufacturer says on their warranty page that they will not cover the cost of labor to replace their bad material. Will this statement hold up in court and protect them from liability?
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In California, the enforceability of the manufacturer's warranty disclaimer can depend on several factors, such as the wording of the warranty, the circumstances of the defect, and applicable consumer protection laws. Here are some potential considerations:
- Contract Terms: The specific wording of the manufacturer's warranty and any disclaimers.
- Consumer Protection Laws: Possible application of other consumer protection laws beyond the Song-Beverly Consumer Warranty Act.
- Breach of Warranty: Potential breach of express or implied warranties.
Would you like more details on how to approach a claim against the manufacturer, or do you have another question?
yes how do i approach the manufacturer and tell them that i need money to cover the cost of labor to replace their bad material?
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Here's a concise approach to contact the manufacturer for covering labor costs:
- State the Issue: Clearly explain the defect discovered.
- Reference Warranty: Mention the warranty terms and your understanding of them.
- Request: Politely but firmly request reimbursement for labor costs due to their defective material.
- Documentation: Provide evidence of the defect and any costs incurred.
For detailed guidance, consulting a lawyer might be beneficial. Do you have any further questions on this?