What can a homeowner do when a contractor lies about being a certified installer of fiber cement board siding and did such a poor job the manufacturer states the poor installation voids the 30-year warranty? We also ask for a particular siding manufacturer, and without talking with us he decided to go with a different manufacturer, even though the manufacturer we requested was written into the contract. The same contractor hired a painting company and their work was so poor the paint manufacturer also will not grant us the warranty. In both cases, the contractor only warranties his work for a year. He also refuses to correct any problems because in his opinion he did the jobs correctly. He also tried to write a new contract and gave us only 48 hours to make our decision. Now understand this was different from the contract we signed for the bank construction loan. Please help us understand if we have any rights against the contractor.
Your rights are going to depend on the state you are in. In Ohio, where I practice, you would likely have causes of action under Ohio's Consumer Sales Practices Act, which could potentially award triple damages plus attorney fees for the poor workmanship.