Legal Question in Construction Law in California
Contractor damaged appliance
We had a new range installed in a house we have not moved into yet. Two days later we had a licensed contractor come to the home and install a microhood over the new range. When the contractor left, there was dust covering the range. When we wiped the dust away, we found really bad scratches on the new range. They are deep, to the metal in some places, and several swirly scratches also that are deep. We did not know what to do so we put a stop payment on the check we gave the contractor and contacted him telling him of the damage and the stop payment on the check. He vehemently denies any possibility he could have damaged the range, and is very angry. He had set the microhood on the range, but he had a tarp and wood over the range. Of course we did not SEE him damage the range. We told him the range was just installed and never used and the scratches were not there before he came. He said he did not do the damage and he will put a lien on the house if we do not pay him immediately. He said maybe the installers did the damage to the range and we didn't see it before. We are sure the damage was not there before he came. What is the right thing to do? The damage is cosmetic, but it is very noticible and we'd like it fixed.
1 Answer from Attorneys
Re: Contractor damaged appliance
It's probably not the end of the world if he files a lien because he will only have 90 days thereafter to file a foreclosure suit on the lien. You probably owe him much less than what it would cost him to bring the suit. That said, you should take care of this. You can have this claim resolved in small claims court. Also, if it is not too late, consider that the range could have been delivered that way and you might be able to return it.
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