Contractor built sliding deck on hillside should I sue
Question Details: An uninsured and unpermitted contractor built a deck on my known to be sliding hillside. Five months later now the deck has sunk over a foot. Would I win damages in small claims court. Who would prevail the hill for the defendant on the poor workmanship of the deck for the plaintiff. I have a dimensional contract but, no guarantees
Business Law Answers
To this, I would ask you questions: did you hire this contractor? Did you know he was uninsured and unpermitted? If you "knew" the hillside was unstable, why would you ask him to build anything there without proper leveling and grading?
I think there might be a large component of contributory negligence here - essentially, if you hired someone you knew or should have known wasn't able to do the job right, you can't claim breach when, shockingly, the job wasn't done right.
The analysis would be different if the plans, etc. were great, but the contractor didn't follow them, but that doesn't sound like the case here.
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