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What do I have for a warranty if there is no contract?

MissouriConstruction ContractDefects

I hired a company to move my boat dock here in Missouri at the Lake of the Ozarks and build a new portion of the ramp to the dock. All they gave me for paper work was a simple bullet list of the things they would do. No contract or warranty info. The new H pier they built is uneven and crooked with the H pier posts just sitting in mud not concrete. There was no contract but I’ve read there is an implied warranty for one year? How do I get them to correct this? Also they said they would make final cuts on new posts and haul the old ramp and pier out of here but that wasn’t in the bullet list. They have not. No concrete contractors will touch it because they don’t want to mess up what the dock team has done. Any advice?

2 replies

Nov 18, 2019
I'm not able to provide any advice, but I can provide some information that should be helpful. Ultimately, though, I'm no expert in Missouri construction defect law - so for ultimate clarity, it'd be wise to consult a local Missouri construction attorney. They'll be able to review the specifics of your situation and advise on how Missouri's construction defect laws might help to straighten the situation out. Generally, though, there's an implied warranty that the thing being constructed is suitable for its intended use. So, if something is built but can't be used, as intended, due to flaws in its construction - an owner can usually hold a contractor accountable and have them correct the work. Note, though, that a formal written contract isn't the only way to create a contract. Contracts can be written, verbal, or even implied in some cases. Plus, some very simple written documents that don't seem like a contract may actually suffice to create one anyway. Still - implied warranties are implied and not included specifically in the contract. So, an implied warranty may be present regardless.

How to get a contractor to return and correct deficient work

First, it's a good idea to simply ask. Keeping things light and friendly is usually a good idea, where possible. So, requesting that a contractor come back and fix their work will generally be a better start than immediately coming in with accusations and demands. If the contractor is unwilling to return to the job, it's likely wise to again request the repair - but in writing. Written request for repairing defective work is generally a required part of the construction defect process. Plus, even where not necessarily required, it's a good idea to have things in writing in the event that there's a dispute later on down the road. Finally, if need be, an owner may be able to take their contractor to task and file a court action for damages associated with the need to correct faulty work. Courts won't generally force a contractor to return to their job and correct work - but that may be willing to assign damages due to defects.
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Nov 18, 2019
Thank you for all your time on the reply. With it now being 6 weeks since they left I will attempt to reach them and request their return through a written letter in the mail.
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