Do I have any recourse in obtaining a home warranty that was promised by never delivered by my contractor? The answer to the question is yes, if that’s part of the contract and they don’t deliver it, you’re entitled to sue them for breach of contract and what your damages are.
The problem is, is measuring your damages and what it will cost you to obtain that warranty through another source, or whoever it was going to be issued through. So it’s a question of coming up with the measure of your damage as far as getting the home warranty contract. Any time you have a breach of contract by your contractor, the first thing that I will advise if you call me about the problem, is call in another contractor, ask him to advise you how much it’s going to cost to complete the job that you contracted for. And so then we take his costs, add it to what you’ve already paid to the contractor, and then subtract the total contract price to see what your damages may be. In the case of a home warranty, that will be interesting to see if another contractor would be able to issue that home warranty and then assigning a value to it as far as your damages are concerned. A tough question, not a very good answer. But it is what it is. So if you have any questions about your contractor and your home warranties, well call me at 727-847-2288.