Legal Question in Consumer Law in New Jersey
Several years ago I installed a new heating and air conditoning system for my fiances neighbor. I am not a contractor, I do HVAC/R work for the local school district, I did it as a favor, but I did charge him. Several weeks ago he called my fiance and said his unit was not working and have me come over and repair it. I informed her to tell him, no, I was to busy and could not and to call a contractor to make any repairs. Now he is calling and sayng the contractor told him I did not install the system correctly and wants me fix or replace the system or he is going to sue me.
My question is can he? Is there some kind of "Statue of Limitation" on this kind of thing? As I said it has got to be at least seven years!
There was no contract and I implied no warrenty at all. I believe that a major componant failed and he wants it fixed for free. Thank ou for your attention to this matter
1 Answer from Attorneys
If he sues, you will have to defend. There may be a limitations defense if the work is as old as you say but it must be raised in your answer to the complaint. In order to win in court, he will have to have an expert to testify as to the defect or warranty issue that he is claiming. It is possible that the realities of bringing a claim will prove too much and you will never hear of it. If you do, you can call me. I handle construction issues and similar disputes.
See also: http://info.corbettlaw.net/lawguru.htm
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