Legal Question in Civil Litigation in North Carolina

Scratch on a wood floor

Can a homeowner force a contractor to pay in cash the equivalent of the repair when the repair will fix the problem. A couple of small scratches on a wood floor. Contractor does not admit fault but will have floor refinished. Homeowner does not want the floor fixed but wants the money amount for the repair and refuses to have it repaired. Threatening a lawsuit to force payment rather than repair. Amonut of repair is $850. We are willing to repair the floor to original condition but not pay money that will never fix the floor. Homeowner had admitted they do not want to fix the floor as it is not that bad.

Basic question: Can one be forced to pay damages in $ when the damage can be repaired?


Asked on 9/18/07, 7:56 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

Re: Scratch on a wood floor

This is actually a complex question of damages. The contractor would probably not be liable for the cost of repairs in the first instance; the general measure of damages would be the difference in value between the house with scratched floors, and the house without scratched floors. But, the homeowner is under no duty to allow the contractor to try to solve the problem.

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Answered on 9/18/07, 10:53 pm


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