Legal Question in Construction Law in Utah
Contractor fails to provide proper warranty work
Well, it's a long story, of course, but I will sum it up. Our contractor provided a 1 year warranty when we cought the home. Through the course of the year, we asked him nuerous times to fix incorrect things, which he occassionally did, sometimes incorrectly. Other things he simply never fixed. In addition, we have since found things that were simply not done correctly and/or violated building code. We kept a punch list, even talked with an attorney 6 months into the warranty. It has now been about 1.5 years, and, of course the ''warranty'' has expired. We need things done correctly, and our contractor should pay.
What is the best and fastest way to make him cover someone else to repair his mistakes? Also, if we used small claims, the total of all issues would probably exceed the $5000 limit, so could we simply sue him several different times in small claims for specific problems?
I intend to get a professional home inspector to identify currently known issues with the home before we go to cou. Will this still be valid in court since the warranty period has expired? Some issues we know about violate building code, others were simply never done, never done correctly, or were never repaired correctly.
1 Answer from Attorneys
Re: Contractor fails to provide proper warranty work
You must sue at one time for all problems. Your documents may provide attorney fees to be paid. You should get a licensed experienced contractor to give you a bid on the cost of fixing all issues and do the inspection. Home inspectors vary greatly in their experience and competency. You do not want to have the current contractor come back. Your complaint will have to acknowledge that all of the defects existed within the warranty period. Call for a free consultation.
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