QUESTION

Can someone be awarded a judgment if they do not provide an opportunity for the defendant to fix the property damage?

Asked on Dec 11th, 2012 on Civil Litigation - Colorado
More details to this question:
I dispute the fact that we caused the damage. We maintained a pool for a homeowner for one season. The shell of the pool failed and leaked and a pump failed I only found out about it 2 months later when I contacted the renter to collect an outstanding balance. All of the damage has been fixed by another company. There was also prior damage to the pool before we took over, and we never warranted that their chemistry would stay perfect all week. Can they be awarded a judgment against me without having given me the opportunity to fix the damage
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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In a word, yes, although their failure to give you reasonable notice of the defect and the opportunity to fix it may affect both their credibility and the amount of their damages.
Answered on Dec 11th, 2012 at 7:51 PM

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