Legal Question in Construction Law in California

Re: Leaking Door

You probably have several causes of action including breach of contract, breach of warranty, negligence, and maybe products liability if there is damage to the surrounding work, like warping the floors, etc. The Song Beverly Consumer Warranty Act implies a warranty of merchantability and, sometimes, fitness for a particular purpose in most consumer purchases. This can be waived, but it must be waived properly. There is also a federal warranty act for express warranties called the Magnusson Moss. Chances are that you received an express warranty and it may be subject to this act. You may also have an action under the Consumers Legal Remedies Act, but you first must give the other side 30 days notice via certified mail to make things right. You will have several potential defendants. The retailer, the manufacturer and the contractor, if this isn't also the retailer. Under products liability, you can even bring in the distributor. All of this is meant to say that if you get into a lawsuit, someone will have to figure out who to sue and what theories to sue on. A good construction law attorney should know how to explore the above and see if they are applicable to your situation.

Meanwhile, you may want to take advantage of the Contractor's State License Board dispute resolution process. Whoever put the door in should have been licensed and it's quite likely that his workmanship was faulty. The advantage to this program is that you don't have to spend anything on lawyers. Since lawyers are rarely involved in this process, I don't have first hand knowledge, but several clients have called me back and said that they got their complaints resolved to their satisfaction through the CSLB. My impression is that it is good for relatively simple complaints.

Re: Leaking Door

I would need to see your (written) Contract but it does sound at least negligent. There are many factors. I will gladly speak with you further if you so desire regarding the matter. Thanks for your question and good luck.