Nov
06
What would you expect the term “repair” to mean in a home construction contract?
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Say a homeowner wanted some dry rotted trim that had come loose on a house repaired and hired a contractor. The exact word in the contract is “repair” but by the homeowner’s definition it means replace the rotted wood with new wood and paint it. But the contractor only nails the old rotted trim back in place and paints over it. Apparently the two parties have a large difference of opinion as to what “repair” means. Who is more correct by what it would be reasonably expected to imply.
5 Comments
November 6th, 2009 at 7:33 pm
Well when estimating damages to property as an insurance claims adjuster we use the term remove and replace a lot. Remove damaged parts and replace them with new.
The owner in hiring the contractor should state that he wants any rotten damaged wood removed and replaced with new.
Determining the extent of the damage should be done before any work commences and a price agreed upon to complete the work.
If further damage is discovered along the way the contractor and homeowner should communicate to agree on the actions to take at what price.
Any contractor who simply nails back rotten trim is a cowboy and should never be used again.
November 6th, 2009 at 8:15 pm
First question… was there a written work estimate done prior to work beginning? Did you discuss terms and price? Did he tell you what and how he going to repair it before it was done?
If not…..
Technically you both are. You should have specified what you wanted and the contractor should have given you verbal/written work estimate before work was started. Since the “repair” was done, he probably wants payment.
Personally, I would think that he should have replaced the wood with new and painted the new, but, his route was lazy and cheap. I would refuse to pay him!
November 6th, 2009 at 8:26 pm
Too bad the contractor did a shoddy repair job, when they could have done it correctly with the same amount of labor and slightly more cost!
Of course You are the more correct, even using the standard dictionary meaning of “repair”: To put back in good condition after damage, decay, etc. To mend, fix!
Either have the contractor repair the job, or return the money, or report him/them to the police & possibly take the question to court!
November 6th, 2009 at 9:05 pm
Dry rotted wood cannot be “repaired”, only replaced.
November 6th, 2009 at 9:13 pm
The reasonable expectation would be “repair”, as the contract states. If your reasonable expectation was “replace”, the contract should have been amended to so state.