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jJim McLaughlin jJim McLaughlin is offline
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Default Workmanship Question - Legal rights

Old_Boat wrote:

Hired an insulation company to put foam insulation in my walls. The
installer had to drill holes in the outside of the house to put the foam in.
Long story short, he drilled 20 holes through the wall in one bedroom all
the way through, 15 holes thorough the bathroom wall popping off the ceramic
tiles on the inside walls, drilled through 4 side wall registers, and one
other place in the walls. They want to come fix it using the same guy that
messed it up. I am not comfortable with this response. I know they tile will
not be able to be matched as it is 50 years old. Can I demand they retile
the entire bathroom so the tile matches? Any ideas what my legal rights are
with this situation. Can I demand that they pay for a competent company to
make the repairs?

LJ



You can demand anything.
What you may get dpends upon the state in the work was done

You had a written contract, right? What does it say about damage?

After you read the contract, get out your digital camera and document
everyting. Then do a second et of photos.

Invite the compay owner over for coffee. No workers, just the owner.
Do the firsinvit by phne. If he won't show, do an ivite by mail, outlining
what you want to do at a meeting.

At a meeting:

1. Calmly go over every damage item, and each potograph with him.

2. Ask him calmly at each item if he would accept such work in his in
mother's house.

3. Suggest that the stuff needs to be fixed. Tell him that you want
to have
him and his company fix it, so that its both right and so
that it doesn't cost
him an arm and a leg. Remind him that s in oth his and
our interests.

4. Tell him that based on past performance the worker who did the
damage has lost all your confidence. Ask the owner if
based upon
the performance to date, he still has any confidence in
the woker.
Tell the owner that you are sorry, but you can not have
the worker
on our property again.

5. See what happens. Suggest that as a local contractor with a
reputation
to up hold, he should beinterested in getting this fixed
right away.
Suggest that he probably has connections with a tile gy,
and a HVAC guy,
and can get a contractors discount in getting the tile
and ductwork (IIRC)
fixed.

6. Remimd the guy it is going to get fixed one way or another.
That you wan t
to be a gentleman about it and give hi he first ance and cheapest
chance to
fix it.

7. Calmly and quietly tell him that if you have to get it fixed, you will
have to make claims on and notify his insurance comany and his
bonding
company. (Where I live, K's have to have bond and insurance, and
both are public record with the Construction Contractor's Board).

Call the state or local bar association and get referrals for lawyers in
you
area who do construcion or contract stuff. Where I live almost all the
lawyers will give away a half hour or one hour consultation through
the state bar lawyer referral service. Talk to a lawyer after you have
all your picures and your contract with the insulation guy in hand.