Property destroyed by contractor

Question Details:

HVAC destroyed ceiling when they installed unit. I gave them an estimate from my contractor. They want to choose the contractor. Can I sue them in small claims court for the amount my contractor wants or do I have to have their choice of contractors. Ichose mine because they rehabed my house less than a year ago and I am vey satisfied with their work.

Asked 11/8/2009 under Real Estate | 178 View(s) | More Legal Topics

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Real Estate Law Answers

You are not obligated to let the party who did the damage dictate which contractor will repair it. As a practical matter, though, even small claims court is not free--it takes time from work, there are filing costs, etc.--and winning is never 100% certain. Rather than sue for the full amount your contractor wants, can you settle for an amount equal to what their contractor would choose? If that's less than your person, that may put you slightly out of pocket, but would save the time, cost, and uncertainty of suing while letting you pick the person to do the work.

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