Legal Question in Business Law in Pennsylvania
warranty
We moved to ohio from pa in aug of 2005 were we had our own small construction company. not incorported or anything - small handymand operation. we were insured and wrote out contracts for all jobs. An old customer contacted us with a problem they are havine with a job we completed about 9 months ago -still within the one year warranty date. since we no longer have the business, are we obligated legally to still abide by the contract that offered a one year warranty on work? thank you
1 Answer from Attorneys
Re: warranty
That is one of the problems about not incorporating or using some other type of liability insulating structure. The answer is yes. But generally, even if you used a corporate form you would have had to live up to the warranty out of the assets of the dissolved or discontinued business. Part of the reason the property owner used your services was because of your warranty. If you don't honor the warranty you can probably expect that the party will complain to that state and you will have a mess on your hands.
Seems to me you have three options. 1) Ignore or refuse the request. I would strongly advise against this for the reasons listed above. 2) Travels to Ohio and complete the repairs and live up to the agreement you made. This would be my recommedation and would also foster a fair amount of good will. 3) Hire another service provider, at your expense, to complete the reapirs and honor your warranty. This is less favorable then 2 but may be more appropriate for your circumstances.
I would be happy to discuss this or any other legal matters with you. I specialize in helping small tyo medium businesses. You can contact me at [email protected].
Regards,
Roger Traversa
Arjont.com