do i have to replace it for free?? I wouldnt think not

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do i have to replace it for free?? I wouldnt think not

We have a small handyman business, my husband did a floor for a client in a
marble style that they wanted this was 2 years ago, he sanded it down and
stained the floor with the products provided, and they loved it but the clients
son moved in and it started peeling, so My husband said that once her son
moved out which at the at point he said in a year or so and now it’s been 2
years, he could go in and fix it, The client said ok and we have it on text
message that she confirmed the same thing 2 years ago, now she called my
husband and told him she doesn’t want the floor any more and that he needed
to go and re do the floor in vinyl and she would provide the materials and he has
to do it for free, if he didn’t do it she would take him to small claims court, he
said I will fix the floor but not replace it and not for free, what do we do, been in
business 18 years never had this situation i am very honest and hardworking..
please help

Asked on May 8, 2018 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF the floor was faulty--not merely not as good as possible, or not what the customer wants, but actually not commercially acceptable--the customer could sue you in court for the cost to repair or replace with something comparable. But that's the only way you'd be responsible for replacement cost, unless you gave them some sort of warranty or guaranty (in which case you held to the terms of the guaranty/warranty you provided): if they can prove in court that the work was negligent (careless) or not commercially acceptable.


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