Legal Question in Construction Law in California

I contracted with a Plumbing Company to reroute my hot water lines due to a slab leak. The workers damaged my wood floor with their ladders. The damage ranges from scratches to gouges the size of a nickel. The company is now stating, "we will need you to pay for the work that was done before we can address any floor issues." Is this the correct way to resolve this problem or is there another way for me to be assured that the repairs will be done? I feel I have no leverage if I pay the bill. Thank you for your time.


Asked on 9/06/14, 8:05 pm

3 Answers from Attorneys

How much is the bill and how much will it cost to fix. Is this covered by your homeowners coverage? Feel free to call if you want to discuss 818 345 0123. You may also e mail me at [email protected]

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Answered on 9/06/14, 11:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the contractor is licensed, bonded and insured as it ought to be, I'd say you have a duty to pay and comply with the contract and ought to do so; the adjudication of your damage claim is a separate issue from the completion of the work. Take photos as evidence and consider using small-claims court to avoid having to pay a lawyer.

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Answered on 9/07/14, 10:52 am

Mr. Whipple is wrong, but Mr. Laurie at least touches on the correct issue. You are not entitle to withhold all payment, if the cost of repairing their damage is less than what you owe on the contract. You can only withhold a good faith estimate of the cost of repairs plus a modest margin for it costing more. As between contractors the rule is no more than 150% of the amount in dispute may be withheld for defective subcontractor work. You must pay the rest or you are in breach of contract.

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Answered on 9/07/14, 12:24 pm


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