If my siding contractor did not use the correct brand of siding that was specified in the contract, can I do anything?

UPDATED: Feb 23, 2012

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If my siding contractor did not use the correct brand of siding that was specified in the contract, can I do anything?

Asked on February 23, 2012 under Business Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A contract binds both parties--every party to a contract must comply with its terms. If a party does not do so--such as by using a brand of siding other than the one specified in the contract--then it has breached the contract. The other party then has the right to one or more of the following:

1) To rescind the transaction--party A gets its product back, party B gets its money back; this is typically only the case when a) the breach is material, or severe, and b) it is possible, as a practical matter, to do this (which it may not be in the case of incorrect siding; this applies more to if you bought an appliance and had the wrong one delivered)

2) To require the breaching party to cure, or correct the breach--for example, to replace the incorrect siding with the right brand

3) To recover monetary compensation--such as the difference in value between the siding you ordered and paid for, and the siding you received

If you and the contractor cannot work out something mutually agreeable, you could sue him for one of the options listed above. If you can't work matters out, you may wish to consult with an attorney to explore your options and see which one makes the most sense.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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