In a column appearing in The Philadelphia Inquirer on June 7, Professor Amy Boss explained that seemingly straightforward contracts with home repair companies are anything but.
The column focused on the plight of a South Philadelphia townhouse owner who has been stymied in his efforts to hold a roofing contractor accountable for property damage resulting from ongoing leaks.
Roofing work involves the sale of materials, covered by laws such as the Magnuson-Moss Warranty Act or the Uniform Commercial Code, as well as services, covered chiefly by common law, Boss explained. The combination of both in a single contract makes it harder to hold roofing contractors accountable, Boss said.
Although a contractor could readily be held accountable for a negligent installation that caused personal injury, Boss said, “there’s no similar bright-line rule for property damage.”
A leading authority on commercial law and contracts, Boss is a member of the Council of the American Law Institute and the co-author of “ABCs of the UCC: Article 2! Leasing,” now in its third edition.