Business Contracts I'm a contractor

[emtcee1973]

Hoping someone can advise me. Here's the story.

I was contracted to do work in a woman's house.. The jist of the work was to jack up the floors in several spots and add girders,this was back in June 2013. I got a text message from her saying "we need to talk about the work you did in my house". Basically she had someone come in and do mold remediation and these guys said I didn't do the work properly then she hired them to "FIX" what I had supposedly did wrong. Now, in my contract I have a 1 year warranty on all work that I perform so if there is any problem I would come back and fix it at no cost. She didn't even give me the opportunity to rectify the "PROBLEM" she went right out and hired someone else. Does she have any recourse against me? I can't see how she would given the fact that I wasn't offered the chance to satisfy her. FYI, in ten years of business I've never had a problem with any clients. I live in New Jersey if that makes a difference.The way I see it is if there was a problem she should have picked up the phone and contacted me. I appreciate any response.

 

[fredrikklaw]

Shooting Herself in the Foot!

EMTCEE1973 . . .

The answer is a resounding NO! She does not have any claims against you for exactly the reason you have offered in your post, the proper rule of law for which can be found in the Remedy section of the Law of Contracts under Providing Notice and Opportunity to Cure.

Well, she did not provide you with either a notice or opportunity to cure the (alleged) defective work before moving to either terminate the contract or commencing action, and has therefore left herself without any recourse, that is of course if she was considering any action against you, which by the sound of things she is not.

The only scenario which would have you prima facie liable for the cost of correcting the (alleged) defective work and her fully justified in hiring new contractors, is one in which you had abandoned the contract and had exited stage left, never to be seen or heard from again.

fredrikklaw

 

[emtcee1973]

Thanks for the reply fredrikklaw!!! I couldn't see how she had a leg to stand on. As a matter of fact I had offered to install her kitchen free of charge if she wasn't happy(small kitchen) but she is having the new contractor do it. I feel better now. I just don't like to have any "bad blood" with a customer. As I've stated, every customer in the past has been more than happy with my work. Thanks again.

 

[emtcee1973]

She is now saying that she wants me to give her $7000 worth of work or she is going to take legal action. I spoke to a lawyer and he said that she's not obligated to call me to rectify and "poor" work. I'm at a loss. She asked me to install some interior doors at no charge in approx 2 weeks but I am booked until about September. I was supposed to call her back last week but was swamped and just forgot then this morning is when she sent me a text about legal action. She mentioned to me about sheetrocking her entire house nut to me that is totally unreasonable.

 

[army judge]

She is now saying that she wants me to give her $7000 worth of work or she is going to take legal action. I spoke to a lawyer and he said that she's not obligated to call me to rectify and "poor" work. I'm at a loss. She asked me to install some interior doors at no charge in approx 2 weeks but I am booked until about September. I was supposed to call her back last week but was swamped and just forgot then this morning is when she sent me a text about legal action. She mentioned to me about sheetrocking her entire house nut to me that is totally unreasonable.

Okay, see a lawyer.
We can't help you.
Hire a lawyer.

By the way, NO, she doesn't have to allow you to rectify anything.
She is free to sue you.
You either defend, or she'll get a default judgment.
What's so hard to understand?
Will she prevail?
Hard to say