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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3029
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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9 years after my home was built my garage door broke. The

Customer Question

(9 years after my home was built my garage door broke. The replacement was by installer that had put up the original. In paying his invoice I asked why the "lifetime warranty" did not apply on door. Installer commented contracted added metal sheets to door for decorative reasons and was told warranty will be void. Contractor said , " Install sheets anyway". I asked contractor for compensation and he refused based in Arizona law of 2 years. My only recourse is civil action.
JA: OK. The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Is there anything else the Criminal Lawyer should be aware of?
Customer: I feel warranty void caused by contractor actions. Contractor denies being told but I have witnesses who told him that he had sub contracted with.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Loren replied 6 months ago.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 6 months ago.
If the contractor authorized an act which voided the warranty without your consent then you would have a claim to assert against the contractor for the damages.If the claim does not exceed $3500 you can file in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
Customer: replied 6 months ago.
Believe I told all previously. What more can I add.
Expert:  Loren replied 6 months ago.
Did you have a follow up question?
Customer: replied 6 months ago.
Contractor claims he did not void warranty issued by garage door manufacturer. Door installers of garage door both original an replacement said they advised contractor that by him installing metal sheets on the original door warranty would void.
Contractor advised his crew to install them anyway. I asked contractor to pay for garage door replacement. Contractor refused
claiming no one told him and using the 2 year Arizona law.
Customer: replied 6 months ago.
I am asking you for advice not trying my case.
Expert:  Loren replied 6 months ago.
How long ago did you discover the contractor had voided the warranty?There is an 8 yr statute of repose for contractor/construction claims.Arizona has enacted A.R.S. § 12-552 which supersedes all other contract-related statutes of limitation. A.R.S. § 12-552 states:A. Notwithstanding any other statute, no action or arbitration based in contract may be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property.
Expert:  Loren replied 6 months ago.
You should file suit in small claims court against the contractor for what you would have received in warranty. You will need to present your witnesses who heard him or her state that it was ok to put in the sheets which voided the warranty. It will then shift to the contractor to show that he had your consent.

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