Legal Question in Construction Law in California

Re: bad workmanship

You certainly have a claim against the flooring contractor. Even if he had insurance, it is an art to bring the claim in such a way as to get the insurance company to pick up the claim.

Did you have a written contract with him? Did it have an attorney's fees provision?

You should consult with an attorney. I worked for my family's construction business until I was 29 years old (which is when I became an attorney). I would like to discuss the case with you.

Feel free to contact me by email or by telephone.

Regards,

Ben

Re: bad workmanship

You definitely have a claim against the sub directly for breach of contract, breach of warranty, negligence, claim against a contractors bond and possibly a claim against the insurance company if you were an additional insured under the policy. I am assuming that an additional insured certificate was issued by the sub for your benefit. I would immediately make a claim against that policy if an additional insured certificate was issued. Just contact the claims department of the insurance company and send a written claim to the claims department and his insurance broker who issued the certificate.

Next, you should demand payment from the sub through a written letter. An attorney should draft this demand for you because it should be worded correctly so that you do not make any admissions of liability etc.

Next, a lawsuit against the sub should be filed and a claim against the contractor license bond as well.

Probably the main thing to consider is whether the attorney fees are recoverable. Check your contract and look if attorney fees are awarded to the prevailing party. Attorney fees may also be awarded by statute under some circumstances.

Also if the sub was not properly licensed or knew of the poor installation you may have additional claims including perhaps treble and punitive damages in some situations.

Please check my profile and give me a call if you wish to discuss further. I was a contractor in a family business for over 15 years before I became an attorney and I am readily familiar with construction law. I went to law school to help people just like yourself in similar situations.

I may also be able to help in the negotiations with the homeowner so as to reduce the costs associated therewith.

You should contact a construction attorney promptly so as to avoid any statute of limitations problems with your claims.

Thank you for the question.

Re: bad workmanship

You can file a claim against the subcontractor's insurance policy directly, if you are an additional insured under the policy. You should be, if you set this up correctly. However, even if you are an AI under the policy, there is likely an exclusion for the subcontractor's breach of contract (which this likely will be considered) or if the sub's work does not cause property damage (which this arguably is not - it's just a lousy job, and insurance doesn't cover that - a performance bond would have to have been purchased for that).

Whether or not you were an AI under the policy, you always have the right to sue the sub directly. You will allege breach of contract, breach of warranty (several of them), and negligence. If the sub has converage (insurance), the negligence cause of action (if drafted correctly) should trigger that coverage.

You can also make a claim against the sub via the CSLB, but that's not an insurance claim. That's just something to get additional leverage against the recalcitrant sub.

Move quickly - there are a variety of statutory deadlines at issue. Seek out the advice of a competent attorney who understands contractor law.