Legal Question in Real Estate Law in California
Hi one of the builders for a complex we own ended up not doing his job correctly. The problem was part of the sink was not caulked correctly so water got into the sheer wall ( Our Property) and also on the wall behind that ( HOA Property). My question is do I have to pay for the damage to the HOA Property or does the builder who made the mistake?
2 Answers from Attorneys
Generally speaking, the HOA could not sue the contractor directly for breach of contract, since there is no contract between them (technically, there is no "privity of contract"). Therefore, the HOA can look to you for damages, and you can in turn seek reimbursement from the contractor. Hopefully, the amount will be within small-claims jurisdiction ($7,500).
I agree with Bryan. If this is a costly matter, hve you considered checking into coverage with the insurance companies involved. It is likely the HOA has coverage and that the General Contractor and/ or the contractor has insurance coverage. Let them fight about who gets to pay.
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