Legal Question in Construction Law in California

Re: Remodel/air quality

The first thing you should do is examine the contract carefully and then request that he provide you with an additional insured certificate of insurance naming the owners of the property and yourself as additional insured parties. He may be reluctant to do this in this situation and depending on the language of the contract this may or may not be required for final payment. In the very least I would suggest that he provide you with a certificate of insurance (without naming you as additional insured) showing you that he is insured for general liability and workers compensation before the final payment is made.

This type of injury probably falls under his workers compensation policy for his injured workers and under your homeowners policy unless there is a specific exclusion.

Of course anyone can sue for any reason, however, whether he will recover is another story. To protect yourself I recommend:

1) Do not discuss any issues concerning the past dog odors or anything with him or make any admissions;

2) Request that he provide you with evidence of insurance (workers comp and general liability) prior to the final payment;

3) Request that he provide you with an additional insured certificate naming you as additional insured. However, you probably should not withhold payment if he does not do this because unless your contract language states you can do this if you withhold payment for this then you may breach the contract;

4) Document all conversations and create a file with documents and notes etc. for possible future litigation.

5) On the final check, note 1) Final Payment and 2) Release of all known claims by (name of contractor).

If you wish to discuss this further or any demand is made by the contractor, please do not hesitate to call me.

Re: Remodel/air quality

My first thought is that this ought to be covered by their worker's comp because if the facts they're suggesting are true, it is a covered job-related injury. I have never heard of an injury related to pet odors, and based on my rather slight knowledge of the law of torts, I'd say the chance of a successful suit against you is rather slight. Perhaps an expert in workplace injury or torts could assist you if you re-ask your question on LawGuru under one or another of those subject-matter headings.

Re: Remodel/air quality

The answer I anticipate you would receive from many attorneys at this stage is that while he may be in a position to file an action against you, it does not mean he will prevail. This is something that may be covered by your homeowners insurance policies were you to be sued within your policy limit.

I would be happy to discuss some of the issues with your situation to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Re: Remodel/air quality

Hope you made sure there was workers comp and full liability insurance on the project. This sounds off base, but anybody can sue anybody for anything in our wonderful republic. If he actually threatens to bring action or demand money, get legal counsel before responding in any way. Feel free to contact me if you really think he is making a claim. We may be able to convince him it is a losing position.