Legal Question in Consumer Law in California

Roof Contractor damages my deck

The roofing contractor dropped a hammer on my composite deck and created a 2'' hole. The manufacture of the deck boards is out of business and a replacement can not be located. Replacing it with another brand is not possible as it would dramatically change the look of the deck. I would like the contractor to pay for the value of replacing all the deck boards because there is no other option available to me but to replace all of them or have a hole in it that will only get bigger over time. The cost of the deck boards were $850 in 2000. The contractor is placing a value of $100 even though it can not be repaired or replaced. Is it reasonable to pursue the $850 and take it to small claims if necessary?


Asked on 3/16/08, 1:15 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Roof Contractor damages my deck

That's an unfortunate situation. If you bring with you to small claims court letters or witnesses who could testify that the damaged board cannot be replaced for the reasons you state, you might prevail. There's no question about the contractor's negligence. The only question is the value of your damages. Good luck!

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Answered on 3/16/08, 7:24 am


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