Burbank, CA asked in Contracts, Business Law, Communications Law and Construction Law for California

Q: I worked for a client through their designer. The designer acted like the clients representative. The designer signed a

Contract that we both agreed on and the job was complete. The owners think they were getting a different product that was in the 1st proposal instead of the product in the last proposal. I don't think the designer showed or read over the new proposal since the contract total was the same. The product was installed 7/15 and the job was complete in 5/2016 and in 1/17 the owners are saying the product doesn't work properly. My warranty contract for installing the product was for 180 days. Now 6/2017 they might want to take me to court. I never heard from them about the product not working until 7+months after. The designer signed the contract and paid me. The product has a one year manufacturers warranty. In this case the product was a stereo amplifier.

What grounds do I have? Thanks

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
  • Mill Valley, CA
  • Licensed in California

A: Your question raises several issues, which you should be prepared to discuss in a lawyer consultation. Of course, the lawyer will want to see the proposal and all written communications. Does the proposal contain an attorney fees clause? A mediation and/or arbitration clause? Did you have reason to know at the time that the last proposal was misunderstood? Did your proposal or a separate contract limit the warranty period to the purchasers? Who paid you, the ultimate users or the designer? Are you a properly licensed contractor? Is there a separate warranty for the product, as opposed to just the installation?

You should invest in a consultation and document review. You may be able to avoid any action with just a letter from your lawyer.

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