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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118715
Experience:  Attorney experienced in commercial litigation.
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Foundation repair problems

Customer Question

Foundation repair problems
Submitted: 2 months ago.
Category: Consumer Protection Law
Customer: replied 2 months ago.
Should I retain a lawyer about foundation repairs I already paid to a foundation repair company five years ago with a warranty which is still having problems and the company says it might not be covered under the warranty
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If their work was improper and defective and is now causing a problem, then they are liable under warranty to repair the issue. If you prove the problem is with their repair, they are liable and if they refuse to make the proper repairs to correct the issues, then you would need to file a breach of warranty suit against them and for that you would need a local attorney for the best resolution.
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Customer: replied 2 months ago.
What if they want to fix the problem now but I'm concerned that they will not fix it correctly
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
You are supposed to give them a reasonable chance to cure their warranty breach. Unless you have some evidence that they are not competent to make the repairs more than just the fact that you need the repairs made to their prior work, you are supposed to give them a chance to make the repairs correctly.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 2 months ago.
I have been trying since jan
Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

So, if they are REFUSING to make the repairs properly, you need to get someone out to make them and sue the original company for the costs. That is a choice you need to make though based on your experience with them and their work.

Customer: replied 2 months ago.
I'm not sure the repairs they are making will be covered in my warranty
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Then the first step is getting a new company out to inspect the foundation and determine what the cause of the issue is to make your own determination as to whether or not warranty should cover this. Once you have done that, then you would be in position to sue for breach of warranty for the original company not making proper repairs under the warranty as required.