Legal Question in Construction Law in New York

No Warranty Provided

From a very small Masonry Company. THREE years ago we did a concrete driveway with stamped borders. We provided no warranty on this work, due to customer lack of appropriate care to the stamping. This person has now(9/03) sued me in small claims to replace the whole driveway at my cost. The only damage is on the stamping. (Snow, salt, plowing?) I offered replacing only the damaged areas, despite having no warranty.(To keep our good name) Without any warranty, and three years passed, do I owe anything at all to this customer? The ''no warranty'' is very clear in the contract.


Asked on 9/23/03, 4:22 pm

1 Answer from Attorneys
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: No Warranty Provided

The person making the claim must prove that you did something improperly. Since you are the expert, and he is not, you should be able to demonstrate to the small claims court judge that you did proper construction work. If you wish to have a consultation to learn how to present your case, please send an e-mail to the address listed below. For general information on a variety of legal subjects, please go to www.VeneziaLawFirm.com

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Answered on 9/23/03, 4:53 pm


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