hopetohelp asked:
Home improvement contract had list of desired improvements. One was never completed and now we have problems with a window they put in less than one year ago due in part to faulta installation. Window manuf. is bankrupt and contractor will not replace. So one of the items they were supposed to do they did not. So does that constitute breach of contract and if so will that breach allow me to ignore the arbitration agreement on that contract and use small claims instead?
Home improvement contract had list of desired improvements. One was never completed and now we have problems with a window they put in less than one year ago due in part to faulta installation. Window manuf. is bankrupt and contractor will not replace. So one of the items they were supposed to do they did not. So does that constitute breach of contract and if so will that breach allow me to ignore the arbitration agreement on that contract and use small claims instead?
Yes, if they charged you for certain items and didn’t complete them, that’s a breach. If they did work negligently, that’s a breach. If they installed a window which was defectively manufactured, that is probably not a breach. No, a breach does not allow you to ignore the arbitration clause.
Good luck to you,
Dana A (practicing attorney)
Are the windows defective? if so you can’t go after the Installer. You have to go after the manufacturer which is out of business. your SOL
You could get a partial return on your money for the work not completed. but, based on you description with little to no information i am thinking there is more to this story.