Asked in Constitutional Law and Construction Law for Tennessee

Q: Can a homeowner sue me for poor work even after the warranty is up and they refused me the right to fix it.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, a homeowner can sue you for poor work even after the warranty period has expired, depending on the circumstances. If the work was done negligently or did not meet the standards agreed upon in the contract, the homeowner might still have grounds to file a lawsuit. The key issue is whether there was a breach of contract or if the work was substandard in a way that caused damage or financial loss.

However, if the homeowner refused to allow you to fix the issue within the warranty period, this refusal could potentially be used in your defense. You would need to demonstrate that you were willing and able to make the necessary repairs, but the homeowner did not permit it. Documenting your communication and attempts to fix the problem would be important evidence in such a case.

It's also essential to consider the specific laws in your jurisdiction, as they can vary widely. The statute of limitations, which sets the time frame within which a lawsuit can be filed, could also play a role in whether the homeowner can successfully sue. Consulting with a legal professional to review the details of your situation would provide more clarity on how to proceed.

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