Legal Question in Construction Law in New York

customer claims I damaged property - a year ago

I have a customer whom I did an install for in late July/early August 2007. After 10 months(June 2008), I get a call saying that I damaged their carpet - (a run in the carpet about 2 inches wide by 2-3 feet long). First, I think I'd remember something like that happening and would never have left it, and second I think something like that would be pretty noticeable to the customer and not take 10 months..... They claim they ''just noticed it'', and they ''know'' it was from me because it's in the location where I ran a wire down through their floor. They said they've been out of town and the only other person who has been in the house was the ''carpet cleaner''. :)

They are threatening legal action if I don't have it repaired. I've been in business 9 years without incident, and I would not leave something like that if I caused it. They claim they talked with a paralegal and was told they have a case against me and threatened legal actions. I do have general liability insurance, but I don't want to file any claim just to passify them because I know I didn't cause it.

Any advise?

Thank you.


Asked on 6/24/08, 8:58 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: customer claims I damaged property - a year ago

I hear these stories every so often from my construction clients. Unfortunately, it is your word against the word of the customer. And although the customer may be cheating you, you must make a business decision concerning the cost.

Therefore, you must find out the cost to either fix or replace the carpet and measure that cost against your time, money, and insurance deductable.

In the future, you may want language in your contract limiting the customer's time to give notice due to the contractor's negligence. You may also want the customer to sign a statement at the end of the install acknowledging performance and no damage.

Mike.

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Answered on 6/25/08, 8:37 am


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