Can I sue my contractor for replacement cost/labor for french patio doors that don’t work properly or just a refund?
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Can I sue my contractor for replacement cost/labor for french patio doors that don’t work properly or just a refund?
I ordered french patio doors and an accompanying transom window. That was 12 months ago and I’ve had issues with the doors from the moment they were installed. They leak water onto the floor and frost up due to excessive drafts. They’ve been out 4 or 5 times and still are not fixed. I’ve asked for a refund numerous times and the contractor keeps trying to avert that by offering me additional work/products. Can I sue them for the cost to have someone else replace the door and any related damages (floor, subfloor, moulding, etc)? Or can I only due for my refund related to the doors?
Asked on December 20, 2011 under Business Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You could potentially sue for the cost to correct the situation--i.e. for the cost to install new doors the right way, and to replace any damage done by the improper installation. To prevail, you'd need to show that the doors were either broken/defective when installed, and/or where the wrong doors for this usage, and/or were installed incorrectly. Note that since there is a duty to mitigate, or minimize losses, you should take care of the leaks first, worry about suing later; if you allow the condition to worsen, you may not be able to recover for it, since you violated your duty to mitigate the damage.
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