Legal Question in Construction Law in California
I installed a roof for a lady and she still owes me money for the roof. During the roof removal some debris got onto her drapes underneath a 25-30 year old skylight. In order to get final payment she wanted the debris cleaned. I told her the only way we could do it would be to remove the skylight and vacuum it up. She agreed. We removed the skylight and in order to reinstall the skylight we had to remove one of the three pieces of glass. We resealed the glass and repaired any metal flashing. She is now saying that her skylight is beyond repairable and that she says I should have had a professional cleaning service clean her drapes. She is requesting that a licensed skylight contractor replace the skylight and that I have to pay. She got a quotes from $2500-3500 to replace the skylight. Am I responsible to replace the skylight?
Additional side point: On the back of my contract it states that 'if it becomes necessary to remove or reinstall existing ...skylights or other items that my company will take reasonable care but will not be responsible for adjustments or damage from preexisting conditions...
She is stating that I never went over the back of the contract with her, but I know I did. She is also trying to saying she had another roofing contractor come out to say there are issues with the roof. Since the time I put on the roof there have been no leaks reported on either the skylight or the roof. I feel like I'm being taken advantage of by an overly criticle woman. Any advice would help.
1 Answer from Attorneys
Without knowing all the details, it sounds like you are in the right, except maybe about the drapes (you had a duty to protect things from your work debris). The skylight seems to be on her. You need to record a mechanics lien if your time hasn't already expired, and then talk to an experienced construction law attorney.
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