QUESTION
How can I recover money from a contractor that caused damage to my home and is threatening to walk away?
Asked on Jan 21st, 2013 on Contracts - Georgia
More details to this question:
I hired a contractor to re-do my master bath. After he started working we had trouble with our water (both the hot and cold came out hot). He is supposedly an experienced plumber and also brought in a master plumber to look at it. They determined that it was not related to the work they were doing but agreed to try and figure out what was wrong. They tore apart a perfectly good downstairs bathroom and laundry room and charged me over $25,000 without finding anything. While putting the master bath shower in, suddenly the plumbing worked fine again. Now I have a completely torn up downstairs bathroom and the contractor says he is walking away. What can I do?
1 ANSWER
Planning and Land Use Attorney serving New Port Richey, FL
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Waller & Mitchell
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Please be advised that I do not practice law in Georgia. I have an inactive license in georgia. I am attorney in Florida.
What agreement did you enter into whether it be written or oral for the the repair or to determine what was wrong? If there was no agreement as to what you would pay them, under Florida law they would have to sue you for quantum meruit, meaning they could sue you for the value of their services. Since they did not provide any value to you you do not owe them for the work.
Whether you have a cause of action against them for tearing up your bath is more difficult since you do not know what was causing the problem which they were to fix. If you have an expert who would testify that the problem was was easily determine and what they did was unnecessary I do not know that you would have a cause of action for your down stairs bath.
You should consult a Georgia attorney,
Answered on Jan 21st, 2013 at 8:39 AM