Results 1 to 6 of 6
  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Default Are My Cabinet Installers Liable for My Defective Cabinets

    Hi, I am in California and I wanted to know whether my cabinet installers are liable for my defective cabinets. I have had the cabinets for only 6 months and they are already peeling and chipping. Do I have a case under the implied warranty of merchantability? This is a difficult situation because there were no written contracts involved. Basically, a gentleman's handshake on how much it would cost to install and how much the cabinets would cost. Thanks!

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Are My Cabinet Installers Liable for My Defective Cabinets

    Are they chipping and peeling as a result of improper installation?
    Are the installers also the cabinet manufacturer?

  3. #3
    Join Date
    Apr 2009
    Posts
    4

    Default Re: Are My Cabinet Installers Liable for My Defective Cabinets

    As far as I know...I think the cabinets are just defective and the installers are NOT the manufacture of the cabinets...however prior to installation they had promised that the cabinets were top rate, high quality, etc... the usual sales pitch.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Are My Cabinet Installers Liable for My Defective Cabinets

    I'm a small property owner, and I've updated a good number of kitchens in my rentals through the years.

    I normally check out cabinets in kitchen showrooms, nowadays Home Depot, and the last two, a local cabinet factory, that makes kitchen cabinets among others.

    If you have NO contract, a handshake agreement, you're out of luck. Of course, a lot has to do with "how much" was paid per cabinet too. Cabinetry can range from under $2,000 to $20,000 for a similar size kitchen, so ranges widely in quality and durability.

    The last few kitchens I did, I specified that it's be wooden cabinets, specifically "oak". The reason was earlier on, I was more concerned with what the kitchen "looked like" and installed a few of them contructed of "particle board", and laminated.

    The problem with the "particle board" type cabinets particularly those units that sit on the floor, it breaks and gives way as soon as it is soaked with water, especially if the units are near the dishwasher, where every so often, you would expect it to spring a leak.

    Laminated cabinets can also chip it my tenants are rough on it, and scratches on it cannot be fixed. Oak cabinets on the other hand can be sanded, stained later on, and polyeutherened if damaged, in general handles wear and tear much better. I found that if I really shopped around, oak cabinets can be just as economical as the particle board constructed ones more commonly found in Home Depot.

    Finally, having done so many ktichens, I had my installers put 1/4" wood underneath cabinets that sits on the floor, so small floods that invariably happens in the kitchen will not cause the bottoms to deteriorate, and start sagging.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Are My Cabinet Installers Liable for My Defective Cabinets

    Quote Quoting kly919
    View Post
    As far as I know...I think the cabinets are just defective and the installers are NOT the manufacture of the cabinets...however prior to installation they had promised that the cabinets were top rate, high quality, etc... the usual sales pitch.
    all of this would depend on what type or warranty or guarantee the installers gave you and what kind of warranty the manufacturer offers.

    I can see where either could be liable, both liable, or neither liable.

    So, what, if any warranty was expressly offered and if none, why do you believe the installers would be liable for an implied warranty of merchantability instead of the manufacturer or why would you believe they should be warranted under such claim at all?

    SChinFChin
    Finally, having done so many ktichens, I had my installers put 1/4" wood underneath cabinets that sits on the floor, so small floods that invariably happens in the kitchen will not cause the bottoms to deteriorate, and start sagging.
    don't use wood chin. placing the 1/4 wood beneath will help some but it will still wick water to the actual cabinet. A hard, non-porous material would do a better job of preventing the cabinets from being wetted.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Are My Cabinet Installers Liable for My Defective Cabinets

    Same as the above.

    In addition, it is possible the installers did not put in the cabinets you paid for but instead some cheap knockoffs.

    Check the manufacturer's warranty.

    Do some research into the company and see if they have been sued, esp. any class action suits about the quality of the cabinets.

    Have another cabinet contractor -- a top rated one --(which you will have to pay) examine the installation and get a written opinion if there is anything wrong with the installation itself. A good contractor might spot problems you wouldn't know to look for.

    Take pictures and video with time stamps. As things continue to fall apart, keep a photo and video record.

    1. Sponsored Links
       

Similar Threads

  1. Premises Liability: Kitchen Cabinets Fell on a Tenant
    By Latricia Shelby in forum Accidents and Injuries
    Replies: 3
    Last Post: 12-30-2010, 09:38 AM
  2. Child Abuse: Falsely Accused by Daughter, Abused by the Cabinet
    By sadfacey:( in forum Abuse and Neglect
    Replies: 7
    Last Post: 07-20-2010, 11:00 PM
  3. Retailers: Defective DVD
    By Hänsel in forum Consumer Law
    Replies: 1
    Last Post: 12-22-2008, 05:29 AM
  4. Defective Products: When Is A Wholesaler or Retailer Liable For A Defective Product
    By Learning in forum Accidents and Injuries
    Replies: 7
    Last Post: 02-02-2007, 11:38 PM
  5. Premises Liability: Cabinet Door Fell and Hit My Girlfriend in the Head
    By magic1010321 in forum Accidents and Injuries
    Replies: 1
    Last Post: 09-29-2006, 03:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources