Hotel Owner Claim Options

Summary

The hotel owner may have a valid claim against the plumbing company for damages due to the malfunctioning heating system. This can be based on the implied warranty of merchantability, which requires the system to be of satisfactory quality, and the implied warranty of fitness for a particular purpose, if the plumbing company recommended the system knowing its intended use. Additionally, if there was negligence in the installation process, the plumbing company could be held liable. It is advisable for the hotel owner to contact the plumbing company to discuss the defect and resulting damage. Legal advice from a local attorney may also be beneficial to explore all available options.

Full Conversation

The owner of a hotel bought a modern heating system from a plumbing company and also arranged for the plumbing company to install it. The system was manufactured by a third party. The work was finished on time and the hotel owner paid the contract price in full. Two weeks later, due to a manufacturing defect, the heating system malfunctioned causing flooding and extensive damage. Is the hotel owner able to bring a claim for damages against the plumbing company? a. Yes, because the hotel owner can rely on consumer legislation. b. Yes, because the heating system was not of satisfactory quality. c. No, because any claim must be brought against the manufacturer of the heating system. d. Yes, because the hotel owner has complied with the express terms by paying the full contract price. e. No, because the contract is completed and all express terms have been complied with.
The hotel owner may bring a claim against the plumbing company based on the following legal principles:
- Implied Warranty of Merchantability: The heating system should be of satisfactory quality.
- Implied Warranty of Fitness for a Particular Purpose: If the plumbing company knew the specific purpose and recommended the system.
- Negligence: If the plumbing company was negligent during installation.
Has the hotel owner contacted the plumbing company to discuss the defect and resulting damage?