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Discussion Starter · #1 ·
I have a legal question. I worked for a Contractor on a hardscape job installing concrete bench seats, seat walls, and fireplace hearth tops. All constructed from 12,000 psi countertop custom mix with scrim. We met with the homeowner to choose color options. Once the homeowner chose we begin the project. When all of the pieces where ready the homeowner insisted we install them immediately, ( we advised them it was to early because there was still significant construction going on) the contractor told us to do it so they would be happy . After installation the contractors men dropped numerous stone from 20' off scaffolding breaking our pieces in various areas. There was a lot of neglect after we left the job. All of the work we performed was paid by the CONTRACTOR and our contract was with the CONTRACTOR with no warranty. The homeowner is now trying to sue us (the subcontractor ) to replace all pieces or refund them 1,800.00 . The homeowner never paid us a penny ,or was under contract with our company. Does this have any validity in court.
 

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Artist and not a curator
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Chain of command... They have to sue the Contractor who in turn would have to sue you. If you were directly responsible than they possibly could for something other than contract work.

Though I'm not an attorney and I imagine it vary's from state to state. It's the reason the contractors get paid what they above and beyond overhead, they take on liability.
 

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Discussion Starter · #3 ·
The contractor is in jail now. for fraud on like 20 jobs. Contractor owes me money also. that's why there going after me.
 

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I'm a Mac
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Common sense says this goes away relatively quickly once it hits the first reading by the judge (assume this is small claims court)

Things I question immediately are, in your contract who is responsible to cover and protect your work? Did you document and advise now was not the appropriate time to install and clarify why?

Things like that make it go away even quicker and easier.

As far as I can see you are protected in that the GC is your shield and it should be him suing you not the homeowner directly unless you have some sort of negligence which this doesn't appear to be.

It's a small amount but notify your insurance carrier immediately, what's 1800 today could be a lot more tomorrow and then it maybe too late for your insurance company to be involved and protect you.
 

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Sounds like you have validity in court. But it would help if you had a time of completion clause in your contract. Meaning when your benches were done and in place, he signs it saying the work is complete. Then invoice is due and any issues after that becomes warranty work. Someone dropping stuff on your work and breaking it isn't covered by warranty.

Once you get through this, ask your attorney to write up that contract for you so you don't have to fight with this in the future.
 

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General Contractor
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Tell the HO like this:

Dear so and so,

We're in receipt of your complain and your demand on such "date". The job which was completed on "on such day" and now so many "days/weeks/months later" you're asking us for reimbursement for the damages which our work sustained during that time period.

Going back, we did the job at the request of your GC who was in charge of the project and work schedule. We completed the work on "this date" as he requested, the job was inspected upon completion, the job was approved and the payment in full was made per our agreement with your contractor.

Until today we did not hear anything about any type of damage, or that there were any kind of issues in regard to that. So at this time, we respectfully suggest, that you speak with you Contractor in charge and get some answers why our work in question, sustained any damage and resolve that issue with him.

If you decide to take legal action prior finding out what happened on your job and filing a frivolous law suit against us, we will be forced to take legal action against you for any incurred legal expenses and other damages.

I wish you best of luck in resolving this matter and if you have any questions, we will be more then happy to assist you.

Sign your name and send it registered and certified mail and keep it documented.

Good luck.
 

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You are done and gone and GC damages your work?
Time for insurance claim against GC.
 
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