Are we responsible to replace an awning that we just installed if a windstorm tore it down?

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Are we responsible to replace an awning that we just installed if a windstorm tore it down?

We installed an awning for a contractor on a new business. They paid for the job.. Then a bad wind storm came through a few days later and ripped part of it from the building. The contractor is saying we are liable and need to replace it. Should this fall under the property insurance of the tenant?

Asked on January 3, 2019 under Business Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You would only be liable IF the failure or loss of the awning was due to your negligence (e.g. shoddy or careless installation). If you did everything right but the windstorm still tore it down, you do not have to replace it. If they believe that you should pay to replace, they could try to sue you, but would have to prove in court with expert testimony that something you did was wrong and contributed to the loss.


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