Legal Question in Civil Litigation in California

Liability of construction sub_contractors

I purchased--name removed-- new home in 1990. The plumbing develop--name removed-- a series of leaks, 5 in the last 2 years, due to faulty and improper installation. (confirm--name removed-- by lab analisys and other plumbers). As a result I am forc--name removed-- to re-plumb the entire house. The general contractor is no longer in business. I have contracts identifying the plumbing sub-contractor for the house.

1) Can I sue the sub-contractor, without also suing the general, for shoddy wokmanship. (breach of contract?) For the cost of re-plumbing the house.

2) In small claims, will a letter from another contractor be admitt--name removed-- as evidence as to the improper and poor workmanship?

Thanks


Asked on 1/26/99, 9:23 pm

1 Answer from Attorneys
Benjamin Pavone Benjamin Pavone, Esq.

Re: Liability of construction sub_contractors

You can sue whomever you want, but you must have a contract with them. There was probably an express contract with the general contractor, so it would generally be to your advantage in litigation to include the general. Most anything is admissible in small claims court. I would name the general contractor and the subcontractor, but as a matter of reality, only go after the sub on the theory of implied contract or on the theory that you were a third party beneficiary to the contract between the general and the sub.

Ben Pavone

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8


Read more
Answered on 1/29/99, 8:33 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California