QUESTION
Will hiring someone else to repair void my warranty with original contractor?
Asked on Jul 27th, 2020 on Contracts - New York
More details to this question:
March 25, roofers disregarded the terms of their own 20+ page contract regarding "Extra Work Order". I told them AS SOON AS they started removing the WRONG decking that they were removing decking, but they refused to stop. I told them "Do not come back tomorrow, because I forbid you to touch the back of my house until we have these issues resolved. I can wait weeks, months, if needed, but do not touch the back of my house ." March 25, I got a return phone call stating "We ARE coming and we WILL do the back TODAY," so I tried again to call the office, but got no answer, so I used Facebook Messenger to say "What is DIRECT email to the company? I have asked them to STOP working on my roof!" They returned and continued to rip apart my house, causing more and more damages. On March 26, I was informed that the company would "make it right" but wanted me to pay them MORE! Then they told me to hire someone else. Someone else is afraid this will void the warranty.
1 ANSWER
3 Awards
When it comes to warranties it is very important to review a contracts closely. Ig a contractor fails to perform under the contract and expresses no intention to restore the situation it might be possible to get someone else to solve a problem. However, it is necessary to review the contract. In this case, the contract should explicitly explain what would happen if a party involves others. In general terms a party could loose the warranty. Nevertheless, it is for the judge to decide that. How it is also important to keep in mind that in the contract was an adhesion contract, one not subject to negotiation and non-drafting party maybe favored when the judge interprets the contract.
ATTENTION. This is not legal advice. If you have a matter hire an attorney to advice considering the specific circumstances of your situation.
Answered on Oct 13th, 2020 at 6:54 PM