Legal Question in Construction Law in California

Re: Floors

If this went to trial, a judge or jury would almost certainly find you liable for move out expenses. Of course, you can negotiate anything the other side is willing to accept out of court.

Re: Floors

You probably are responsible for the full costs of storage and living expenses while the work is being done and the waiting period (1 month). However this is not certain and would be a factual issue and determined by the judge/jury after hearing all of the facts. Reasonable people may disagree in this situation.

With that said the facts may indicate that you are not responsible for all the moving and living costs because of a legal theory called "Mitigation of damages".

Mitigation of damages basically is a legal theory that states that the person who is not in breach (the homeowner) must make "reasonable efforts" to cut down his losses. With your facts this is a grey issue. Is it reasonable for a homeowner to live in the home while you remove the old floor and install the new one? Different people may differ on what is reasonable in this circumstance. Therefore it will depend on your particular judge/jury and facts.

Off of what you indicated I think the following is reasonable.

1) The furniture be stored in the garage so that you need not spend $ on storage fees. If the garage is empty and not in use then this seems reasonable. However, reasonable people could disagree. At trial you would probably be responsible for these costs if the homeowner refuses to allow you to use his garage to store the items.

2)The living expenses- A jury probably would find that if he moved out during the whole time that you would be responsible. However, another jury may find that it is reasonable only for you to pay for the one week of living expenses (hotel).

Because this is a factual issue I would nicely negotiate with the homeowner.

I suggest that you offer to get the floors done as quickly as possible and tell him a realistic time period. Tell him that you will pay for a reasonable hotel for 1/2 of the time period if he allows the furniture to be stored in his garage on site. This will cover the one week that you remove and install the floors and the one week that you sand and finish the floors.

In any event I would get this all in writing in case he changes his mind in the future and tries to sue you for all of the living/moving expenses. Of course you are free to do whatever you like.

I would suggest you write a letter to him and DO NOT ADMIT that the floors were installed poorly or wrong but indicate that customer satisfaction is your primary concern and in an effort to provide the best service to him you have agreed to remove the old floors and install a new floor for him. Indicate in the letter that you will also provide an allowance of 2 weeks for a maximum of $_____ for living, storage and moving expenses. Indicate that the furniture will be stored in his garage and etc etc per above.