Legal Question in Construction Law in New York

Defective material installed

Our contractor installed defective tile on the wall of a bathroom, the white tile has black marks under the glaze. The tile salesman confirmed it's a manufacturing defect and will replace any tile that wasn't installed. Is the contractor responsible for replacing the installed problem tile at his cost. The contractor is saying the marks aren't that bad and he won't replace them.


Asked on 3/02/07, 4:44 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Defective material installed

You are entitled, on these facts, to terminate the contract, hire a replacement contractor, and backcharge the defaulting contractor for the cost of doing so, which will usually leave him in an negative position. He will file a lien anyway, and you likely will end up paying a lawyer $$$ that could have been avoided. Don't perpetuate the error. Meet with an attorney asap.

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Answered on 3/03/07, 6:22 pm


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