Legal Question in Consumer Law in Pennsylvania

Contractor will not fix job

Contractor hired to replace porch awning and enclosure. The awning leaks, the side support posts are in the middle of the windows such that I cannot remove the screen or storm windows, the side wings were manufactured incorrectly and the structure does not comply with township building codes. Contractor will not fix problems, has filed against me for the unpaid amount. Can I file a cross-claim to get my deposit back and have everything removed or can the court make him fix the problems?


Asked on 12/04/03, 6:57 am

1 Answer from Attorneys

Re: Contractor will not fix job

First, when was this work completed? If the work is so bad, why haven't you taken action before? How bad is the work? Can you live with it?

Assuming the work was not done right, you need to get a detailed estimate from another contractor (preferably 2-3 contractors) explaining the defective work that needs to be removed and replaced or just corrected, and the associated cost. Then, ANSWER the complaint - DO NOT WAIT. You can amend it later.

File a counter-claim for breach of contract, breach or actual or implied warranty, negligence (in case he's just imcompetent), common law fraud (for telling you he could do what you want to get you to hire him) and I believe there is a PA consumer fraud act you can also use.

Call the PA Bureau of Consumer Protection, at 717-787-9707, or visit their website (below).

http://www.attorneygeneral.gov/ppd/bcp/index.cfm

Good luck.

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Answered on 12/04/03, 12:02 pm


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