Question

Harry retained JOE Plumbing Co. to install modern toilets in his investment property in Flushing, New York. At the conclusion of the work, Joe gave Harry a bill in the amount of $3,500 which included $1,650 for labor and $1,850 for parts and Harry paid it. Twenty days later, tenants called Harry to complain the toilets were not working. Harry called Joe to request service at no cost and Joe said read the invoice. “Purchaser has ten ( 10 ) days from conclusion of work to register any complaints for parts or labor; thereafter ALL complaints are waived.” Joe offered to return and undertake repairs but at a cost of $1,000. Harry consults you about his rights under the UCC. Does he have to pay Joe $1,000 to return to make repairs? Can he maintain a claim under the UCC? Why? Why not? If he can maintain such a claim, under what theories of liability under the UCC ? What can Joe argue?

Answer 1

Harry retained JOE Plumbing Co. to install modern toilets in his investment property in Flushing, New York.