Legal Question in Legal Ethics in Minnesota

Our Townhome Management Co.hired a contracter to replace the rocks under our decks. I have a air conditioner that I bought six years ago and have not had any problems with it. The day after they removed the old rocks under my deck and around my air conditioner my air conditioner would not run.

I called Center Point Energy and they came out and found a loose wire in the box attached to the wall and connected to the air conditoner. They tightened it and it works fine again. I contacted our Managment Co. and told them that I think the contracter should pay for the service call. The contracter said that he looked at it and they couldn't have done it. My brother is in charge of the Energy Dept. for the VA and he said that if they caught the wire with their shovel or it got pulled the wire could have gotten loose. Would this be worth taking to small claims court?

Asked on 8/29/10, 12:41 pm

1 Answer from Attorneys

You are going to have the burden of proving that the contractor caused the damage. It appears that you only have circumstantial evidence, which may not be enough. Basically, you are going to have to show that the air conditioning unit is in the specific area where the contractors were working and that the contractor most likely caused the damage.

I do not know have much the service call cost, but it may not be worth your time, effort and chance of losing your filing fee to take them to court. Initially, you may want to send the contractor a demand letter and include photos.Good Luck!

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Answered on 9/04/10, 8:10 am

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