How to I proceed to make a case for a breach of contract with an improperly installed dry basement system?

System installed 2 years ago. Water problems this year lead to investigation of system showing it was not installed correctly. The company is denying this and refuses to cover costs for fixing the system and returning us to whole. What is the next step?

Asked on October 27, 2011 under General Practice, Pennsylvania

Answers:

Michael Duffy / Duffy Law, LLC

Answered 9 years ago | Contributor

I'm assuming the problem is only related to fixing the installation - there was no damage cause by water, etc. (such damage would be a separate tort claim). Also, we'll assume that there was a valid contract between you which you have proof of, and the company is still in business.

You'd have to prove that the installation company breached the contract, and that breach was the cause of the problem. The burden is on you, the plaintiff. If you had some sort of inspection done and a report from that, it would be helpful. Then they may be liable for the cost of repair.

Keep in mind, even if you get a judgment and award in your favor, collecting it is usually more difficult than the suit itself. Since it's a business and not an individual it may be a little easier, but it's still always a challenge locating and appropriate assets.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.