QUESTION
I had a shower installed last year and now it leaks. Installer says he has only a 1 year warranty but we never discussed warranty.
Asked on Nov 20th, 2012 on Business Litigation - Georgia
More details to this question:
This shower is upstairs in a guest suite and is seldom used. Over the 16 months that it has been installed we smelled "mildew" but never traced that back to the shower. Recently my daughter stayed for several days and then the leak became very obvious. I called my installer and he says his warranty period had passesd although he never discussed a warranty with us. I removed a part of the shower tile and found the corner of the shower pan was not installed properly. The way he folded the pan liner, it could not hold water. Do I have a claim under "latent defect"?
1 ANSWER
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Rather than immerse your self in technical legal labels, consider that in the absence of an agreement limiting warranties -- which it sounds as if you don't have -- a contractor impliedly warrants that his work will be done in a workmanlike manner. That warranty was breached here. The concern you then have is whether the statute of limitations has run on this claim, which it has not. (Your "latent" label addresses when the statute of limitations would commence to run if you hadn't discovered the defect until after the "regular" statute of limitations had run; you don't need to go there.) Just get the defects properly documented and sue for the cost of repairs.
Answered on Nov 21st, 2012 at 10:28 AM