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Second fabric building failure in 8 years Consumer Law, Warranties

Discussion in 'Consumer Law, Contracts, Warranties' started by PiaffePonyTx, May 30, 2019.

  1. PiaffePonyTx

    PiaffePonyTx Law Topic Starter New Member

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    I bought a 72’x300’ fabric building in 2012, that is used as a riding arena. They are rated for certain wind speeds etc.. warranty for the cover is supposed to be for 10 years. Before I purchased the building, I asked about the average replacement cost of the cover and I was quoted 10% the total cost of the building. (I still have all the emails that were ever exchanged between myself and the sales rep who still works with the company).

    We had 100’ of cover come off in a storm in 2014 with straight line wind speeds that were less than rated . They initially quoted a replacement cost that was much higher but after some negotiations they replaced all 3 sections because I think we got a bad batch of fabric or something... and it only cost us shipping.

    Then in March of this year, same thing. Straight line winds (less than the wind rating) ripped off another 100’ section. Got a quote, again that was much higher than expected. I asked them what the difference was between this incident and the last one. They said the last incident fell under warranty but this incident was not because of the extreme weather. The quoted amount was still far more than 10% not including labor... I even calculated the total cost of construction and accounted for inflation. The quote for just the replacement cover was still more than 10%. I haven’t discussed it further with them as I’ve been trying to research the issue while I wait for the loan company to enforce insurance reimbursement checks...

    So not only am I losing business due to the building failure but now my insurance is dropping me and I’m having trouble finding coverage. My agent told me there are others that have been dropped as well due to the same issue.

    I don’t want to go through a lawsuit, but I will if I have to because 2 building failures in 8 years is NOT sustainable and acceptable!

    Where do I even begin? Do I even have a case? How do I even find a lawyer for this kind of case? What’s is this process like? (I’m in Texas, the company is in New Hampshire).


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  2. adjusterjack

    adjusterjack Super Moderator

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    Please understand that your ONLY recourse is that which appears in your WRITTEN warranty.

    Anything told to you on the phone or by email probably doesn't count if the WRITTEN warranty says it doesn't.

    Read your WRITTEN warranty carefully to see if the company is in breach of that warranty.

    If it is, any business or contracts lawyer can handle it. Start making calls to local firms as you are likely to be able to sue in a local court. Be prepared to pay attorney fees up front as this is not something any attorney is likely to do on a contingency.
     
  3. Zigner

    Zigner Well-Known Member

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    You can't expect a quote from 2012 to remain valid in 2019.
     
  4. PiaffePonyTx

    PiaffePonyTx Law Topic Starter New Member

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    I tend to agree with you! But: even calculating for TOTAL cost of the building including shipping, taxes, admin fees and inflation doesn’t even come close to the 10% they originally quoted. Also, their pricing has hardly changed, yet now they are offering even longer warranties?



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  5. Zigner

    Zigner Well-Known Member

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    They can decide on their own formula for pricing.
     
  6. PiaffePonyTx

    PiaffePonyTx Law Topic Starter New Member

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    I bought a $100,000 building with a limited warranty.

    Their warranty consists of 2 separate length warranties for 3 different “categories” of parts. Both the frame, and the cover have a 15 year warranty and states “The building owner is responsible for the cost of the replacement part pro-rated per year following the warranty start date.” Each of these components are not itemized or even distinguishable at all within the written agreement. I was told via email that the cover was 10% of the total cost of the building before I signed the agreement so I’m unclear if the parole evidence rule still applies in this instance? If it does still apply, how is the replacement cost determined?

    *****Assuming I’ve met all other requirements for the company to honor their warranty.****


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  7. adjusterjack

    adjusterjack Super Moderator

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    I doubt if it does after 7 years, if it even did at all.
     

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