Legal Question in Construction Law in Ohio

Deck Concerns

Does a customer have the right to sue me or expect a totally new deck free of charge after a year. Her deck is cupping and spliting after I have installed it? She is claiming I didn't put the boards in correctly and didn't season the wood.


Asked on 8/09/06, 6:09 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Deck Concerns

Dear Deck Contractor:

What does your agreement or contract state as to the length of your guaranty or warranty? You are generally governed by such specific terms. If, however, you did not have any written agreement, you may be bound by the standards in the industry as to your particular type of work or trade.

It seems strange that proper workmanship would fail within the year. However, if your agreement provided the owner was to waterproof the deck after installation, then the owner assumed the risk of failure or damage from ordinary rain ,etc., and you should not have to do anything further.

In any case, just to be safe or safer, consult with an experienced construction attorney in your city, to verify your responsibility and potential liability in this matter. And, ibn the future, have a clear, detailed, written agreement, signed by the customer, as to specific terms and gurantees.

Good luck.

Sincerely, J. Norman Stark

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Answered on 8/11/06, 10:25 am


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