Deaken Builders, Ken Bagwell "BREACH OF CONTRACT" Las Vegas Nevada

The property in question is a rental property that the tenants had caught on fire. As part of the repairs, the air conditioning system was replaced. This project was completed in July of 2002. Manufacturer's warranty on parts is one year. As one of the contractors under State Farms Premier service, I agree to provide a 5-year warranty on labor. By contrast, Nevada law states that contractors are only responsible to provide a 1-year warranty.

The rental property in question is in Pahrump, NV where, of course, it can be very hot. That same summer after repairs were completed, we were called back to the property because the air-conditioning unit wasn't getting cool and water was coming out of the air-conditioning ducts. Deaken Builders Inc. called the heating and air-conditioning contractor that installed the unit. Their technician reported that the tenants had set the thermostat at the lowest setting when the outside temperature was over 110 degrees causing the unit to freeze over. This happened more than once that summer, requiring replacement parts and possibly causing unforeseen damage. After a year, the manufacturer's warranty had expired. The original heating and air contractor warranted the unit for an additional year after the manufacturer's warranty had expired, even though he was not required to do so. A similar problem occurred the following year. After the second summer, the heating and air contractor refused to work on the unit stating that the unit was being abused, the manufacturer's warranty had expired the year before and that they had covered their end beyond the law. Deaken Builders Inc. then hired another heating and air contractor and continued to warranty the unit for the remainder of its five-year contract.

Deaken Builders Inc.'s contract under the State Farm premier service agreement is to warrant labor (and only labor) for five years; all parts and materials are covered by the manufacturer's warranty. William's claim of breach of contract is false, misleading and defamatory. All of William's calls were returned, service under warranty was timely despite a 120-mile round trip between Las Vegas and Pahrump, and there was never any complaints until the five-year warranty expired. In addition, there have been no comments from the Contractors Board or the BBB.

Ken Bagwell, President. Deaken Builders Inc.