Menu
Home>Levelset Community>Legal Help>How long is my contractor required to warranty/correct his work if we had no contract?

How long is my contractor required to warranty/correct his work if we had no contract?

New York
Anonymous Contractor

My contractor installed exterior French doors 3 years ago. We immediately noticed how the door was "sticking" or dragging on the floor when we opened it. We brought this to his attention with no real concern from him. We have recently found out that water has been seeping under the sub floor and the door threshold is completely warped. Is the contractor responsible for correcting this?

Related Article
An Implied Good Workmanship Warranty Exists for ALL Construction Work

2 replies

Attorney at Greenspoon Marder
| 54 reviews
Aug 30, 2021
If there is no written contract, 3 years is likely too long on a warranty. However, if the work was defective from the start and the statute of limitations has not expired, breach of contract may be a good approach.
0 people found this helpful
Helpful
You should start by calling to ask if they can correct the issue. Then, if that does not work, you should put the contractor on notice in writing asking that they correct the problem, to try and resolve without a fight. Check the contract to see whether there is are applicable warranties from contractor and/or manufacturer. If the contract has notice provisions/defective work provisions, read them carefully and conform. Lastly, if all else fails, threaten a defective work (negligence) claim (applicable depending on facts and circumstances). However, please be wary of actually bringing a claim, this does not sound like a big money dispute and you're probably well aware of how expensive attorneys are. Even if you are "right" and they are "wrong," it may not be worth the fight, best of luck.
Any response is supplied for informational purposes only and it is not intended to constitute legal advice. You should consult competent legal counsel
depending on the specific issues of your matter.See More...
See More...
0 people found this helpful
Helpful