Legal Question in Construction Law in California

Re: Carpet Installed is inferior - What Now?

No lemon law in this type of situation.

How aggressive do you want to be?

If you want the least expensive route, though a bit slow, you can file a complaint against the contract with the Contractors State License Board. Go to the CSLB's website for more information. It is not a fast process, but if they get involved, you will most likely get a response from the contractor.

If you want to be really aggressive, sue the contractor.

Forget about the manufacturer; your contract was with the contractor. Let him fight it out with the manufacturer.

Good luck.

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Re: Carpet Installed is inferior - What Now?

The first issue is whether you have a contract for the sale of goods, a contract for services, or two contracts, one of each. If there is but a single contract covering the purchase of carpet and its installation, it will be classified as a contract for goods or a contract for services depending upon which predominates in importance, usually based on dollar amount.

It is also an issue who was the buyer of the carpet, you or the contractor? I assume you are the buyer.

The proper characterization of the contract or contracts as being for goods or for services is important as it determines governing law.

Contracts for goods are governed by the Uniform Commercial Code, which has fairly clear-cut guidelines for acceptance and rejection of non-conforming tenders of goods, acceptance and rejection, etc. Among these statutory rules is the "perfect tender rule" which says that goods which don't conform 100% to the sample or specifications may be rejected. See Commercial Code section 2601. However, the rejection must be within a reasonable time after their delivery or tender. Commercial Code, section 2602. The same Code, section 2606, says that goods are deemed accepted, (and therefore incapable of rejection) when the buyer (a) signifies to the seller that the goods are conforming, (b) fails to make an effective rejection after a reasonable opportunity to inspect, or (c) does any act inconsistent with the seller's ownership.

So, without more facts, I'd say that you failed to make a timely inspection and rejection, since the carpet is now well on the way to being installed. If you were an absentee owner and left the inspection to the contractor, it's another matter (you'd haave a claim against the contractor for a negligent inspection).

Now, suppose there is but a single contract - material plus installation - and installation is the dominant factor (unlikely, I'm told). The Uniform Commercial Code no longer applies, because the deal is no longer one primarily for goods. Instead, the old common law of contracts is the governing law. Here, I think the outcome is the same, but you have a better chance because the rules aren't so absolute.

Sorry, but I think your chances are less than 50-50 because you let too much time and opportunity slip by before objecting.