Legal Question in Construction Law in California

Service of product sold

I am a small window and door company that sells many different manufacturers lines. One door manufacturer that I purchased an iron door from will not come out to my area (2 hours from their plant) to review and correct a defect that was discovered after installation. The door is completely installed and can not be removed. I have tried to get the company out to correct the problem. They will not respond to our request and my customer will not pay the balance due to us until the issue is resolved. I have the option of hiring another company to come out and repair it, but I would have to pay for it. Can I pursue this in small claims court?


Asked on 7/31/07, 2:02 pm

2 Answers from Attorneys

Jim Schaefer Schaefer & Associates

Re: Service of product sold

Yes you can pursue this in small claims court but make sure you have pictures and documented evidence of the defect prior to its repair. You can purse small claims up to a limit $7500.00. However, as a plaintiff in small claims, if you lose, there is generally no right to appeal the decision.

First, I suggest you write the manufacture indicating that you have requested that they repair the defect and that they have not responded. Give them a short period (1 week) of time to respond to your request to repair the item or indicate that you will have it repaired at their cost.

I suggest you take numerous pictures of the defect before and during the repair (close ups and far away and from numerous angles). Next get the repair contractor to accurately give you an estimate (which is not inflated unreasonably) to repair the defect.

Make sure the estimate indicates that there is a manufacture defect in his professional opinion. An estimate from more than one contractor indicating a defect would be even better.

Have the item repaired and then have the invoice and check memo state repair of manufacture defect in door.

I hope this helps and please do not hesitate to call should you seek legal representation.

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Answered on 8/07/07, 1:09 pm
Terry A. Nelson Nelson & Lawless

Re: Service of product sold

Sure, take your documents and evidence and present it clearly to the judge at the hearing. The company may settle before then.

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Answered on 7/31/07, 3:56 pm


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