Legal Question in Construction Law in California
I completed and finalized a landscape and spa project, almost a year after the final the homeowner contacted me with alleged small " normal and minor defects" where does my liability end with what are mostly normal occurrences 11 months after completion, example: a single hairline crack out of 20 yards of concrete, a small chip on the waterfall, a small blotch on the property wall paint, the BBQ top is 2 inches higher than they like, 2 small hairline cracks on the spa pour in place coping, there was a disclaimer in my contract concerning hairline cracks. The owner got angry at my first response that these were not considered abnormal but were simply normal wear and tear and maintenance issues and the BBQ counter was accepted as it was, I can't tear out and replace these items.
NOTE: The owner is a licensed architect and engineer whom provided the plans and specifications and was directly hands on involved with the supervision of my workers and the construction, he is now demanding that I rip everything out and replace it, he also added several other allegations (frivolous) after getting angry at my response he ejected me from the property and will not let me return to inspect the new allegations, and is now filing claims he is suing me for $200,000.00 on a project that was only $50,000.00.
Could I be held liable?
Do I have a right to inspect the new allegations?
Nothing he had pointed out was abnormal it was all so minor, the job came out VERY NICE!
I'm fully licensed 20 years.
Tony in San Fernando, Ca.
1 Answer from Attorneys
I try never to predict the outcome, especially before hearing the other guy's story and making my own physical inspection, but based on your side, it sounds like a shakedown and your best strategy is probably to do nothing unless sued, and if sued, defend the suit and offer a small settlement, maybe $5,000. The guy sounds like a jerk.
Related Questions & Answers
-
Do i need to be a licensed contractor to file a mechanics lien Asked 9/01/09, 1:59 pm in United States California Construction Law