What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?
ConstructionRisk.com Report Vol. #14, Issue #5
See article in the following topic indices:
Construction Defects,Contract - Notice Requirements,Notice Requirements of Contracts,Warranty
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Vinyl floors installed by contractor in the operating rooms of a new hospital suffered from bubbles and split seams, and created a rough and uneven surface. For over a year the contractor attempted to correct the problems, and did so for beyond the one year warranty period. When it became apparent to the hospital, however, [...]
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No Excuse for a Bad Contract
Contract - Mutual Mistake,Contract - Onerous Language,Contract - Unconscionable,Contract Language,Warranty
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I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences by having a court hold the terms to be unconscionable and, therefore, unenforceable. Those [...]
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Economic loss doctrine bars owner’s claim against subcontractor
Economic Loss Doctrine,Negligence,Sale of Goods,Warranty
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A court dismissed a project owner’s suit against the manufacturer of flooring materials that were used in the building because there was no privity of contract between the owner and he manufacturer. The manufacturer was a subcontractor to the flooring contractor who in turn had a contract with the owner. Since the matter involved the [...]
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