A contractor was hired to do work on my home from damage from a car hitting my house, he sub contracts all his workers. An estimate was given, it was submitted to insurance and they paid 10,981.00. There were some adjustments made along the way and we also had other work done when all said and done, I would only have to come out of pocket 475.00 which I was in agreement with. In the process, a team of floor sub contractors damage furniture in my home. When time for payment, it was discussed that part of the damage be deducted from the remaining balance which I paid out in full and received an invoice with a zero balance. It discussed verbally with contractor included in his invoice:
DRC HAS DEDUCTED $924.24 DUE TO DAMAGED
FURNITURE BY FLOORING INSTALL TEAM, IF TEAM CAN
FIX FURNITURE IN 60 DAYS OR CHOOSES TO TO
CLIENTS SATISFACTION THE BALANCE OF $924.24 WILL
BE DUE AT THE TIME OF COMPLETION. ALL OTHER
BALANCES HAVE BEEN PAID IN FULL BY CLIENT.
The sub contractor reached out to me in attempt regarding to fix furniture and advise me he did not get paid until he fixes furniture. The contractor did not make mention that his sub contractor would not get paid. The contractor keeps referring to the contract and the contract states 10981.02. First payment made to start work was 5041.78 and final invoice was for 5996.02 minus 924.24 due to damage of furniture which left balance of 5071.78 paid in full with zero balance. I am very hesitant allowing them to remove furniture from my home so I prefer to take as a loss instead based on the experience has not been pleasant dealing with them. The furniture has been discontinued and warranty ended on 06/2016. What are my options?
1 Answer from Attorneys
1. You can submit the furniture damage loos under your own insurance.
2. You can sue the subcontractors in small claims court.
3. You can enter into an agreement that the contractor must pay you for the damages out of the contract price.
Regardless of who caused the damages, the contractor is ultimately responsible.
The arrangement that they are proposing seems fair.
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