Navigating Contract Breaches: What Auto Repair Shops Should Learn from Construction

The construction business certainly has its own set of problems as it pertains to service contracts among its customer base; however, these concerns are similar to the ones confronted by any other industry, including an auto body shop. Currently, Vitale Collision Repair performs collision repair services under warranty for Suburu, Honda, GM, and Hyundai. As such, customers must have their auto body repairs performed by an approved facility certified by the manufacturer to be under warranty. This is exactly what is at issue in a situation involving a breach of contract. In considering the significance of a “breach of construction contract,” normally, these involve actions taken against a builder or contractor involved in private or federal government work. Frequently, a contract has been entered into between the two parties and it is the builder’s obligation to act in accordance with the terms and provisions of that contract. When he does not do so and instead it becomes clear that the project is not to be finished as agreed upon, this is known as a “breach of construction contract.” In the auto body shop arena, when a warranty is needed to be honored, the key issue often involves whether the work completed satisfies the requirements of the warranty. In a perfect world, there would be no questions about this, but unfortunately, the reality is different. We need to understand that when one elaborates on the “terms” of a construction contract, this usually includes obligations undertaken with regard to materials and supplies. It is similar in the auto body world where a warranty requires that the work performed will conform to the terms and conditions of the repair order. The customer is often times the unsuspecting party who is the victim of poor service in the auto repair business. If a person brings their vehicle in for a repair and is assured by the service technician that their vehicle will be ready by a certain time, they are going to expect that their vehicle will be there when they return to pick it up. If the work performed does not conform with the promise made, and the vehicle is not there, a breach of warranty has occurred, for the “promise” is part and parcel of the agreement between the customer and the service provider. When an agreement is entered into between a service provider and the one hiring that service, the terms and conditions of that agreement must be met. If it is not completed in accordance therewith, a dispute or breach exists and the law can hold that offending party responsible.