Legal Question in Construction Law in California
Defective Window
We contracted with a customer to paint their house and install retrofit windows. We sub-contracted to have windows purchased and installed. Homeowner was told that putting air conditioner in window would void warranty, but we have no proof. One window leaked badly. Has damaged homeowners wall & carpet. We tried everything, sub checked to be sure installation was correct, etc. Finally contacted window company that supplied windows. Working to get this taken care of, but who is legally responsible for damages?
2 Answers from Attorneys
Re: Defective Window
It would appear based on the facts that you presented that the general would be liable to the homeowner. The homeowner in this situation has no connection with the sub in fact or in contract so the homeowner will probably have to look to the general for the damages. However, the general may look to the sub to indemnify the general for any loss. Many general & Sub contracts call for indemnification.
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Re: Defective Window
Good question. The answer will come from an agreement among the parties, or from the jury after trial. There is no way of me giving a guaranteed answer you can take to the bank. I could give you an 'opinion' after full review of all the facts and assertions of the parties, but that will only provide you support for your argument in the dispute. Feel free to contact me if serious about getting such opinion, or if you decide to get legal help to try to resolve the dispute or defend you if it blossoms into litigation when somebody becomes unreasonable and obstinate in their position.
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