Legal Question in Construction Law in California

Home Repair Question

I bought a new house 3 yrs ago. Before it was 1 yr I told the contractor (in writing) the tiles were cracking. They were applied direct to concrete and as slab settled the tiles cracked. He has repaired bathroom but does not want to fix kitchen area. I have quotes from 3,000 to 5,000. Can I take him to small claims court? I don't want him to fix now because he is mad at me and will do a poor job.


Asked on 5/20/07, 5:02 pm

2 Answers from Attorneys

Jim Schaefer Schaefer & Associates

Re: Home Repair Question

Yes you can sue in small claims for up to $7500.00. Make sure the contractor you are hiring puts the reasons why the tiles cracked in his proposal and contract so that you may use those documents in court. Also have the new contractor agree to sign a declaration for you indicating the poor workmanship. This should be enough to win the case but nothing is guaranteed and it depends on your particular facts of your case.

Make sure you bring the following to court:

1) The new proposal and all proposals from other contractors who do not do the new job indicating that the job was installed incorrectly. I suggest bringing the new contractors proposal and at least 2 other contractors who do not do the job.

2) Sworn declarations from your new contractor and the other contractors who provided estimates (if possible) indicating the job was done poorly. In the alternative you can subpoena those persons to testify at the small claims hearing.

3) Canceled checks showing that you paid for the work.

4) Pictures of all of the cracks. Take lots of pictures. Take close ups of the cracks and wide angle view as well. Place a ruler or straight edge over the tile if it is uneven and take pictures of that as well showing the tiles raising as required.

5) The contract and all correspondence that you had with the contractor who did the bad job.

Good luck.

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Answered on 5/23/07, 12:49 pm
Johm Smith tom's

Re: Home Repair Question

yes sue for the cost

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Answered on 5/20/07, 5:29 pm


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