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Should I sue a Contractor for not honoring warranty on $60,000 court?

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  • Should I sue a Contractor for not honoring warranty on $60,000 court?

    Note: In Ontario Canada, I am able to make a small claim up to $35,000.

    When my mother passed away, she left me enough to complete a small dream of mine, which was to build a racquetball court in my home.

    The home was in the process of being designed at the time, and the designer worked with the rball court company to make sure the design of the court would work.

    When the court was installed, the contractor stated that panels (plus the wood floor) are susceptible to humidity, and should be watched carefully.

    I heeded his advice, watched the levels intently, and maintained them vigorously (even having neighbors check on the dehumidifier when I was out of town).

    After the first year, certain panels had begun to warp. I brought this to the attention of the contractor via e-mail (which never received a response), and then via text. His answer was: "I know this isn't helpful now, but I am curious to see how the panels react when it is winter and they are back to being heated."

    So I reluctantly decided to see if this would help, and if the panels would possible shrink back and 'fix' themselves as the winter months kicked in.

    Fast forward to today, and not only didn't they go back, but others are now slightly warped (in varying locations spread around the 4 walls).

    These panels were sold to me with a 10 year warranty on them. I sent another e-mail/text and have not received a response.

    $60,000 was for the entire court (floor, door, and ceiling included) - the panels that need replacement are the 4 walls, so I think that $35,000 should cover it.

    1. I assume if I did sue, he would counter that there may be a roof leak etc. If this were the case, that would mean the entire roof is leaking all the way around the court (since all 4 walls are effected). The back wall also connects directly to the home, so no roof seam directly over it.

    2. There is a court I have been to down in Syracuse NY, which is 40 years old. For the first 25-30 years they had NO air conditioning. This court would be like a humid sauna during the summer months, to a level that was dangerous to actually try and play. The panels in that court are not warped. I mentioned this in my e-mail asking why I didn't receive panels that were the same quality as panels sold 40 years ago.

    Does this sound like I have a case?
    Tags: None

  • #2
    Sorry, but this is a UK law forum.
    Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


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