Legal Question in Construction Law in California

Who is responsible to fix

House is finished w/co.final. Project was started with 1st contractor who hired all subs. 1st contractor fired mid construction. 2nd.contractor supervised completion including laying of hard wood floors by sub.cont.hired by 1st contractor. In less than one year hardwood floors are buckling. House has been sold. Who is responsible to fix/replace buckled floors? 1st.contractor, 2nd contractor, hardwood floor sub., original owner of house or new owner? What is procedure? A law suit, small claims court against which party?

Thank you.


Asked on 6/14/07, 11:38 am

1 Answer from Attorneys
Jim Schaefer Schaefer & Associates

Re: Who is responsible to fix

All of those potential defendants could be liable under some circumstances and all of them could not be liable under other circumstances. The first thing to determine is "why" the floors are buckling. If the floors are buckling because of subsidence issues or moisture issues then the hardwood flooring contractor may not be liable at all.

Also a lot of this is going to depend on the specific contract and obligations of each party. Of course a negligence suit could be initiated against the 1st, 2nd, and flooring contractors and then the fact finder would determine if any of those parties were negligent but you need to have more facts in place and the reasons why the floor is failing.

As far as the first homeowner goes, the suit against them would be only if they knew of the issue and failed to disclose it to you.

The question as phrased does not have enough factual background to properly answer. I suggest that you get a contractor or expert to determine why the floors are failing and then go from there.

Please let me know if you seek representation and thank you for the question.

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Answered on 6/14/07, 12:17 pm


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