Legal Question in Civil Litigation in California
Custom Build Wall Units are defected
I had a media center and 2 bookcases custom built. When the contractor came to install them, all the adjustable shelves don't set level and wabble due to the holes out of alignment. The drawers are also out off alignment. Face frame around the TV are not glued tight and separates, the crow molding don't fit and are not leveled, TV was not mounted properly, etc.
He also did not used the wood contracted. Instead of maple and plywood (for the shelvings), he used poplar and particle boards for the panels and shelvings). He said he explained to me but I told me I wanted maple. I had another cabinet maker came over to inspect the problem and he gave ma a list that are about 30. He said no one would ever use the type of wood he used for 'custom built' wall units and he obviously try to con me.
He refused to redo the media center and bookcases and would not refund my money back.
The contract we sign didn't say much about the material only the design. But I have my roommate who was there with me the whole time and witnessed our negotiation. I want to take him to small claims court. Any advice is appreciated.
2 Answers from Attorneys
Re: Custom Build Wall Units are defected
If you can't resolve it, file a Small Claims action for up to $7500 and show the judge your evidence.
Re: Custom Build Wall Units are defected
You should not have to put up with shoddy workmanship by someone who holds himself out to be a builder of custom cabinetry. I assume that the contract was written up by the contractor and is full of provisions that seem to immunize him from liability, but the law recognizes a warranty for fitness of purpose, even if not included in the contract. If you can't use the wall units for what they are intended to provide--a stable support for your media equipment, it seems to me that there was a breach of the warranty for fitness of purpose. (I have read recently that some small children have actually been killed when large TVs fell on them from unstable platforms or tables.)
When you file your Small Claims Court suit, do not forget to ask for what you will have to spend to rebuild the wall unit so that it can safely perform its intended function. That is arguably a part of your damages. Get an estimate from a reliable cabinet maker.
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