Cambridge, MA asked in Consumer Law, Contracts, Products Liability and Construction Law for Virginia

Q: Customer threatening to sue general contractor if not refunded for work

I’m a general contractor and did concrete driveway/sidewalk resurfacing. Work came with 5 year warranty materials/labor. After resurfacing, hairline cracks developed in the resurfacer in 3 areas. I and my conc. sub attempted multiple times to repair said cracks under warranty, but cracks reappeared. We spoke with the manufacturer who determined the supplier provided us with incorrect resurfacer and agreed to provide the correct product under their warranty for us to honor the warranty but are experiencing delays in receiving. Customer feels it’s taking too long and threatened to sue if not given a full refund of $3k, and gave the name of her attorney, but was aware of us waiting for the replacement product to arrive. Before addressing the warranty issue with us the customer filed dispute with thumbtack, causing suspension of account & loss of leads/income. We have documentation of addressing the warranty issue with the holdup being delays in receiving product. What should we do?

1 Lawyer Answer
Thomas H. Roberts
Thomas H. Roberts
  • Products Liability Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: HIRE AN ATTORNEY - there are a number of overlapping issues. What is the actual warranty? Did the Customer's action improperly and tortiously interfere with your contractual relationship with Thumbtack? What liability if any does the manufacturer have? etc.

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