คุณภาพ โฮมโซลูชั่น – In February, a Notice of Default was received in the U.S. Circuit Court for the Southern District of California that the former defendants’ home improvement company, ACOcella, was in default with their February contract agreement. The contract was for ACOcella to undertake all home improvement projects for the defendants without their prior consent. According to the terms of the contract, the former defendants were to be paid for the cost of materials and labor expended in the projects, and any costs associated with not completing the project within the contracted time period. Accordingly, on February 6th, the defendants filed an Answer, denying the claims of default by way of negligence and breach of contract.
On March 9th, the court entered judgment in favor of the defendants. The court found that ACOcella failed to provide any home improvement contract or add party insurance because they did not require the former homeowners to sign an additional contract or add party insurance before engaging their services. Because ACOcella failed to incorporate an add party to their contract, the court held that they were not responsible for any claims against the homeowners arising from the conduct of the contractors hired by ACOcella to perform the work. This ruling essentially provides homeowners with the opportunity to submit a claim against the contractors themselves for compensation.
The above paragraphs are the opinion of the court regarding a claim that was submitted by one of the homeowners against their former contractor, ACOcella LLC. Pursuant to their contract, ACOcella was obligated to provide certain home improvement services, such as, floor stripping, carpet replacement, painting, exterior home improvement, and addition work. However, because ACOcella failed to include an add party to their contract, the court held that they were not responsible for injuries resulting from the negligent conduct of their contractors.