QUESTION

Kohler plumber refuses to pay consumer directly for damage done to property. Can he do this?

Asked on Jan 16th, 2022 on Construction Law - California
More details to this question:
Kohler sent a plumber to fix our bathtub drain. The plumber was very careless and put tools/drain parts directly onto our new marble countertop and damaged it. The plumber has accepted responsibility but refuses to pay me directly. He wants only to pay a vendor and I can't do the work anytime soon because my husband has alzheimers and not possible to w/o bathroom or disrupt him. I want to be compensated for the damage to handle when I am ready. What are my rights in a situation like this? And are there any laws pertaining to this that I can read?
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1 ANSWER

Consulting Attorney serving Sebastopol, CA
Partner at The Rowan Firm
1 Award
It sounds like the plumber wants to be sure you're not trying to squeeze him for more than the cost to replace the marble, so if you can get a repair estimate and provide that to him, then demand he pay it to you and tell him why you can't get the repairs done immediately, he will have no reason not to pay you.  The Statute of Limitations for property damage in California is 3 years, so you can still sue him up to 3 years after he did the damage.
Answered on Mar 16th, 2022 at 1:47 PM

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