Legal Question in Construction Law in California

Company offering me cash since they can't satisfy warranty

I paid 8K for kitchen counters tops installed thru the builder of our home. It has cracked nearly yearly since ownership (at the range top-heat and expansion stress) and the manufacturer has dutifully repaired it every time, under their ten year warranty (four years left on the warranty).

Their specialist says it is now pointless to repair it without putting an unattractive metal ring support around the underside of the cooktop lip. We have declined based on aesthetics, grime/bacteria collecting under this added lip and the warranty never stated that repair depended on extraneous devices. They have offered a cash settlement of 1800.00.

I want to take them to small claims court to get at least 5K back. Do I do this in my county? How does a big company respond to a small claims court case out of state? Include the builder despite their assertion it is a subcontractor problem and that the warranty is my satisfaction?

I would be interested to know the legal limits of ''warranty'' for me the consumer and whether a small claims judge would see my way here.

Thank you


Asked on 5/13/03, 3:27 pm

1 Answer from Attorneys
Gary Redenbacher Redenbacher & Brown, LLP

Re: Company offering me cash since they can't satisfy warranty

Under normal circumstances, the corian should not crack. It suggests to me that the contractor didn't properly prepare the surface that the corian was placed on. It's hard to know without an expert taking a look.

Even if the contractor didn't prepare the surface properly, he still has overall responsibility for the job. It's not just a subcontractor problem. I'd file a consumer complaint with the Contractors State License Board immediately. You could go to Small Claims court against both the contractor and the manufacturer, but, as you noted, this limits you to $5000. My bet is that you'd win. But it will probably cost in excess of $8000 to tear out the old corian, fix the reason the corian is cracking, and install new countertops. You can likely accomplish all this through the CSLB.

You posed a few questions about warranties. This is a complex legal question, but, for the most part, builders are on the hook for three years once a problem is discovered, but cutting off at ten years from when the work was completed. And just to answer your other questions: In this case, you would sue in your own county and small claims is a good place to be against a big corporation because they can't send a lawyer in.

By the way, you had suggested earlier that this forum is for lawyers to generate work. That may be the hope for some of the lawyers answering questions, but I've been answering questions for LawGuru for years and I've never received any clients nor do I expect to. I view it as public service that every lawyer should do.

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Answered on 5/14/03, 1:11 am


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