Legal Question in Construction Law in California

Small Claims Suit

We are licensed tile installers. We did a floor using a tile supplied by the customer that was poor quality and difficult to work with. We communicated this to them daily. At completion they refused to accept it. We collected no payment. They say it is poor workmanship. We offered to replace the tile with more of the same, and tear out ours. They wanted the money for a different tile and tear out costs. We countered with an offer to pay for the field tile only. After a month they refused that offer and said they found that the existing linoleum that we installed over contained asbestos . They now want money to replace all tile used,and the cost to hire certified asbestos removal people. In your opinion what ,if anything do we owe them?


Asked on 2/21/07, 10:41 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Small Claims Suit

Unless you admit to poor workmanship, it doesn't sound like you owe them anything. Pay if you want to TRY to keep customer good will, if that is important with this customer. If sued, I would defend using exactly what you said.

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Answered on 2/22/07, 3:15 pm


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