Legal Question in Civil Litigation in California
contractor liability
I had some new electronics installed on my boat, but the contractor asked me to help with him during the job. I was not experienced in the line of work nor did I claim to know how to do the work. I was only there to help with the task that would take more then one set of hands to complete.I need to know what liability a contractor has after completing work. And I need to know what if any liability the consumer would have if they paid the contractor to do the work but the contractor asked the consumer to help with certain aspects of the job that were to too difficult to do alone. If the contractor claimed to be experienced in this area of work yet asked the consumer for help with the task who is responsible the job being done correctly the consumer or the liscensed contractor who is being paid to do the job? I also need to know if the contractor didnt provide a written estimate before starting the job nor did he provide a reciept stating his warranty or price break down. Two days after the work had been completed my boat sank due to the contractors neglegance on the job. He claims since I helped him I was responsible for the work he as paid to do.
2 Answers from Attorneys
Re: contractor liability
If the contractor's negligence caused the boat to sink, the contractor is liable, regardless of any of the paperwork.
Re: contractor liability
You've got quite a mess there. The only advice is that you will ultimately have to file suit if he doesn't settle, and he is unlikely to do so without the pressure of suit. If your monetary damages are under $7500, file in small claims court. If substantially more than that, feel free to contact me to discuss the facts, issues and costs of suit.
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