In April 2022, I hired Elementar Outdoor for a $45,568.11 outdoor installation project, including a pergola. The contract included a 1-year labor warranty. Less than a year after installation, the pergola showed severe water accumulation, structural warping, and leakage.
A professional inspection (March 2025) confirmed mechanical damage and deterioration, recommending immediate replacement. When contacted, the company admitted in writing that the material used is no longer recommended and was substituted without a signed Change Order -- a clear breach of contract.
Despite acknowledging the issue and that the product failed within the warranty period, they refused to repair or replace unless I paid again. This violates:
* Breach of Contract;
* Breach of Warranty;
* Florida Statute § 501.201 (FDUTPA - deceptive and unfair practices);
* Implied Warranty of Fitness for Purpose (UCC § 2-315).
I sent a formal Demand Letter on May 21, 2025, allowing 10 business days for a solution. The company did not respond. I am now proceeding with legal action to recover $21,452.89 related to the pergola, plus court costs and attorney's fees.
I am filing this complaint to warn other homeowners. Be cautious before trusting this company's material claims, installation standards, and warranty support. read more