Comments on: With respect to home improvement contracts what would define breach? And would breach negate arbitration?

By: GSXRRider

GSXRRider — Tue, 02 Dec 2008 01:10:33 +0000

Are the windows defective? if so you can’t go after the Installer. You have to go after the manufacturer which is out of business. your SOL

You could get a partial return on your money for the work not completed. but, based on you description with little to no information i am thinking there is more to this story.

By: Dana A

Dana A — Mon, 01 Dec 2008 12:23:02 +0000

Yes, if they charged you for certain items and didn’t complete them, that’s a breach. If they did work negligently, that’s a breach. If they installed a window which was defectively manufactured, that is probably not a breach. No, a breach does not allow you to ignore the arbitration clause.

Good luck to you,

Dana A (practicing attorney)