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I have been following this board on and off for a couple of years now and thought someone may have some insight into the cause of this problem. In my youth I used buy, rehab and sell inner-city houses so I have a little experience in a lot of areas. This situation I have never encountered, however.
At Home Depot this morning, I came across a contractor friend of mine (who spent 200K there last year) in the middle of an argument with the manager. As I am now an attorney he asked me if I had any ideas. (As my practical experience is limited to workers’ comp law, I thought I’d start by asking if anyone had seen this before, and what they were able to do about it).
Last week he had 4000 sq ft of pressure treated southern yellow pine delivered for the construction of a deck. It sat for three days at the site, in the sun (Albany, NY – 85 degrees and humid), under a tarp. The installation began three days ago. Half the decking is down and according to my friend, extraordinarily large cracks and splits have appeared.
He claims that the condition of the wood is beyond the “natural characteristic of some wood to split, warp or twist” as described in the ProWood Limited Warranty sheet hanging near the pressure treated piles in the store. The warranty covers only fungal decay and termites for one year. Obviously, the warranty could be broader under provisions provided by New York law.
Even if I knew the moisture content of the wood when it left the store I don’t see how it could affect any claim as the wood is sold, for lack of a better term, “as-is”. Do we have a combination of circumstances here (some avoidable, some not) that leave my friend SOL? Frankly, that’s my feeling about it. Any thoughts?
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I have been following this board on and off for a couple of years now and thought someone may have some insight into the cause of this problem. In my youth I used buy, rehab and sell inner-city houses so I have a little experience in a lot of areas. This situation I have never encountered, however.
At Home Depot this morning, I came across a contractor friend of mine (who spent 200K there last year) in the middle of an argument with the manager. As I am now an attorney he asked me if I had any ideas. (As my practical experience is limited to workers' comp law, I thought I'd start by asking if anyone had seen this before, and what they were able to do about it).
Last week he had 4000 sq ft of pressure treated southern yellow pine delivered for the construction of a deck. It sat for three days at the site, in the sun (Albany, NY - 85 degrees and humid), under a tarp. The installation began three days ago. Half the decking is down and according to my friend, extraordinarily large cracks and splits have appeared.
He claims that the condition of the wood is beyond the "natural characteristic of some wood to split, warp or twist" as described in the ProWood Limited Warranty sheet hanging near the pressure treated piles in the store. The warranty covers only fungal decay and termites for one year. Obviously, the warranty could be broader under provisions provided by New York law.
Even if I knew the moisture content of the wood when it left the store I don't see how it could affect any claim as the wood is sold, for lack of a better term, "as-is". Do we have a combination of circumstances here (some avoidable, some not) that leave my friend SOL? Frankly, that's my feeling about it. Any thoughts?