Gallatin, TN asked in Consumer Law, Contracts and Construction Law for Tennessee

Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty on an install for smaller windows. They say the windows fit measurement of the opening but will pay for the cutting process due to their error. I fear this will cause other damage to the veneer as well as look bad. I would not have signed a contract knowing this process had to be done to get all the warranties for the install. They assured me these will look okay but I don’t believe them since it is all about them eating the cost of the windows.

1 Lawyer Answer
Henry Ambrose
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  • Construction Law Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do now. Call a lawyer to go over the details with you and determine your next steps.

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