Legal Question in Construction Law in California

Small Claims Court

Did a tile installation job using tile customer provided. Tile was showing a problem with raised edges on some pieces. Told customer several times daily and showed them the problem.They never said stop setting the tile.The only thing she would say I understand ''but I just love the tile''. Our contract reads payment in full at completion of grouting.They had us set the whole 850sqft. The last bath was 45sqft and was not grouted.We returned the next day to grout and she would not let us finish the job. She even said I'm not satisfied how the job turned out and I won't have you grout because of the statement in the contract, pay after completion of grouting.We collected no money from them at any time.They have filed a claim with our bonding co.and send us a demand letter.We had offered things to solve this as they did in counter offers.They are stuck on the fact they want us to give them cash for new tile.We offered to replace the tile with the same tile they bought and they can have someone else install it. If they file, when do we counter sue?Do we need to bill them for our labor and then send a demand letter now or wait for the claim to be filed? What is the fee to meet with one of you're attorneys familiar with Small Claims?


Asked on 3/06/07, 7:14 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Small Claims Court

If you are licensed, promptly bring your action in small claims if under $7500. Small Claims is 'quick and dirty' about rules of evidence, so come prepared to prove your case through witnesses and your documents, what the job cost was, and that they approved the tile.

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Answered on 3/07/07, 6:39 pm


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