If my siding contractor did not use the correct brand of siding that was specified in the contract, can I do anything?

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If my siding contractor did not use the correct brand of siding that was specified in the contract, can I do anything?

Asked on February 23, 2012 under Business Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A contract binds both parties--every party to a contract must comply with its terms. If a party does not do so--such as by using a brand of siding other than the one specified in the contract--then it has breached the contract. The other party then has the right to one or more of the following:

1) To rescind the transaction--party A gets its product back, party B gets its money back; this is typically only the case when a) the breach is material, or severe, and b) it is possible, as a practical matter, to do this (which it may not be in the case of incorrect siding; this applies more to if you bought an appliance and had the wrong one delivered)

2) To require the breaching party to cure, or correct the breach--for example, to replace the incorrect siding with the right brand

3) To recover monetary compensation--such as the difference in value between the siding you ordered and paid for, and the siding you received

If you and the contractor cannot work out something mutually agreeable, you could sue him for one of the options listed above. If you can't work matters out, you may wish to consult with an attorney to explore your options and see which one makes the most sense.


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