Legal Question in Business Law in Indiana

A contractor installed cabinets in my home 1 day after I installed hard woods. He screwed through my hard wood floor to install base cabinets. He did so at an angle that was could never be flush with the cabinets. These were base cabinets that should have been installed only to wall studs. Every contractor that I have spoken with says that there was no need to screw into the wood floor. In addition, he cut the wire on my garbage disposal and used the wood that was surrounding my sink (I was using this as a makeshift counter until I had countertops installed). He was negligent in other areas as well. I fired him. I have not paid him because I feel that I am owed for materials used and damages done. I don't want to pay him until I allow a judge to determine the damages to my property and what I am owed. Do I have a case? I would like the repair performed to my floor and the property used replaced.


Asked on 1/05/17, 8:13 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

You may have a right to a credit against your contract price for the damages owed to you. But it's wrong to just sit on all of the money and not pay him anything. So, you need to get another contractor to come out and give an estimate as to what work is required for repairs and the cost. Then, you make a demand upon your original contractor to either make good on the damages or to give you a credit. Only then will you be in a position to go to court if necessary.

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Answered on 1/06/17, 1:32 pm


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