Re: Contract & warranties

I would think he would have had to pay for a title search anyway if he was refinancing, so I think your position there is correct. On the warranty, failure to pay the full contract price might have been a defense to finishing the job, but once finished, you would have a right to payment of the remaining contract price, but there could still be warranty obligation unless your contract is clear that the warranty does not exist absent full payment by x.

Keep in mind, however, that under calif. contractors licensing board regulations, all licensed builders impliedly warrant "workmanlike" construction. Payment issues won't play in much there, so, if its so bad that its "unworkmanlike" you probably ought to offer to go in there and fix it unless you want to risk licensing problems.

You could also just honor your warranty with offset. In other words, tell hiim you don't want to deal with him any more, but get an estimate for repair, and you'll pay a reasonable estimate, less the remaining contract price.

You could even try saying we'll honor the warranty when you pay the remaining price, if the contract gives you enough cover.

If you would like to send me a copy of your contract to review, e-mail me at wwisong@earthlink.net.

Re: Contract & warranties

Warranty likely covers despite partial lack of payment. If you do not respond on warranty, he may sue you and the court would not excuse your lack of response. Next, I see no right for him to deduct title costs from what he owed you, so go to small claims court if $5,000.00 or less or file other suit if more. Call if you wish to discuss. 800-685-6950