Legal Question in Construction Law in New Hampshire

I filed a suit in small claims court for defective workmanship in a bathroom renovation. Can I demo the horrible tile work and redo the bathroom before the case is resolved in court. The owner of the tile store that sent the contractor to do the installation refuses to admit responsibility for the unacceptable results. This has dragged on for 6 months. I cannot wait (without a bathroom) for another 6 months until this is resolved.


Asked on 5/27/10, 9:28 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Before taking such action you should have your expert contact their expert and arrange for a mutual inspection. At a minimum I would film and document such inspection and have an agreement that you may proceed with proper repairs. If the defendant wishes the court to view the so-called sub-standard work, and you have changed the bathroom, you might place your claim in peril. The burden to prove the case is on your end and you need to have expert testimony to prove your case.

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Answered on 5/27/10, 1:01 pm


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