If we own a plumbing company and did a supposed bad repair job, shouldn’t we have been given a chance to inspect the work prior to the owner calling in another company?

We performed a repair on a leaking water line under the slab. The homeowner states that our repair failed but we were not given the chance to verify that it was our repair that was leaking or to repair the leak. Now we have received a bill for $6000 from their homeowners insurance company. What are our options?

Asked on November 24, 2015 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you don't believe that you are responsible for the problem, and/or you feel that the fee to correct it is excessive, you can refuse to pay; the insurer then can sue you if they feel the bill is justified; to get the money from you (get a judgment in their favor), the insurer would have to prove in court by a "preponderance of the evidence" (more likely than not) that you caused the problem and the cost to repair--and you could review their evidence, analyze it, and attempt to refute it (e.g. based on your own expertise and recollection of what happened). Only if they win the court case (convince the court it was your fault) would you have to pay.


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