Q: Hi! We are suing a fence builder in Tennessee for an inferior product. Can we sue for more than we paid for the work?
We are suing a fence builder in Tennessee for an inferior product. We paid to have 10 foot galvanized steel poles used on the fence. They were put in November 2021 and by May 2022 they were failing with peeling, cracking and rusting on the steel poles underneath. There is no way to fix the galvanization outside of the shop. The entire fence needs to be ripped out, the cement broken down and removed and have new galvanized posts put in.
Can we sue for the full amount for another builder to take it all down and put in correctly? Or can we only sue for up to the amount we paid him?
In Tennessee small claims we can sue to up to $25K
A: You will probably be limited to the Contract price unless it allows consequential damages, which is not likely. It will be difficult enough to prove defective materials, which may require an expert. Also it may be difficult to collect a Judgment. Remember you have the burden of proof.
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