Looking for experience with contractors and liability

posted 9 months ago in The Lounge
Post # 2
Member
202 posts
Helper bee

I realize this doesn’t directly answer your carpet question but you really need to get a lawyer and have the whole property inspected if this contractor had more to do with the construction than just this pipe. There is a limited time in which the contractor remains liable for shoddy work and the more time passes, the harder it is to prove. If something goes wrong later, you will wish you had thoroughly investigated this. In fact, due to your recent discovery, the law may already consider you alerted to the contractor’s poor performance in general.

As for the refusal to provide you with a price list, well that’s just too bad for him. He may usually do business by callin and getting a verbal estimate but this is not a usual situation so he will need to pressure his supplier to provide a list or use a different supplier. He has not been trustworthy so far so you are in no position to trust that he will be honest in his pricing.

This sounds like a real PITA situation with no easy solution and I’m sorry you’re dealing with this. Best of luck!!

 

Post # 3
Member
8610 posts
Bumble Beekeeper
  • Wedding: August 2012

I’m sorry I really think you need a lawyer.

Have you tried calling your insurance and seeing what they say? You may need to pay your deductible, but maybe they would be the ones to go after him for the money.

Post # 4
Member
7339 posts
Busy Beekeeper
  • Wedding: October 2014

Legally you cannot demand which source provides the carpet and you can’t demand the carpet is replaced with something better than what you had before. If you’re asking him for the cash value, it can be based on an estimate from his vendor. If his vendor won’t provide a written estimate then he needs to find a different vendor.

Post # 5
Member
1276 posts
Bumble bee

Have you called your home owners insurance company?

Post # 7
Member
814 posts
Busy bee

cherryiice :  If your house is new construction why was “the bank” putting in carpet?  Did the original builder go under?

Most new home builders offer very specific warranties and if you’re outside that time period or it’s not a covered item you’re on the hook. Depending on the extent of the damage, it sounds like getting your homeowners insurance company involved will be the best course of action.  

A lawyer will cost WAY more than a room of carpet. Also, it seems silly to change just one room’s carpet so upgrading likely doesn’t make sense unless this is your only carpeted room. 

Post # 9
Member
814 posts
Busy bee

cherryiice :  If you had a permit for the addition it should have been inspected to make sure it met code.  

This really is a homeowners insurance issue since you don’t have a written warranty.

Post # 10
Member
351 posts
Helper bee

If you used a licensed contractor and you have third party warranty them you need to contact the warranty company immediately. If not, then you need to contact your home insurance company immediately. You should not have to deal directly with the contractor if you have either of those coverages. An insurance professional should be dealing with it. That’s part of why we pay them. 

Post # 11
Member
351 posts
Helper bee

Also, upgrades like what you mentioned can be facilitated through the warranty or insurance company just fyi. 

Post # 13
Member
1421 posts
Bumble bee

I would see what the max you can get in small claims court is. If it’s enough to fix the problems, go that route, and don’t use the original contractor. I have a rule that if a contractor effed it up, I’m not giving them the opportunity to eff it up again.

You will need to be organized and to the point with photos, facts, emails, etc. The court does not care for drama.

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