Am I responsible for warranty work if our business partnership split up?

I went into a partnership with an existing business. Did some exterior painting work and the customer since did not like his finish/sheen on his barn. He wanted the “best” barn paint and that’s what we gave him. he now wants warranty work to re-paint it in semi-gloss for free. the business partnership has been dissolved last year and the customer only has my contact info and is demanding I care for this even though the business no longer exists. Am I legally responsible?

Asked on June 27, 2012 under Business Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the paint job was done when there was an existing partnership (and out of the partnership) where this business partnership gave an express warranty to one of its customers who is now not pleased with the result, you and the other partner are each individually responsible to make good on your express warranty even though the partnership was dissolved.

The only exception is if the painting was done more than four (4) years ago where if so, any claim for breach of the warranty would most likely be barred by your state's statute of limitations.

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