What is my recourse if a contractor damaged my basement staircase?
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What is my recourse if a contractor damaged my basement staircase?
The contractor was hired to remediate mold condition and to remove panels of the basement. However, the crew unnecessarily cut off 1/4 of the staircase and refuse to
repair the damage. Additionally, the contractor advertised 10 senior discount but then would not honor it. Finally, the contractor took with him all items used in the job and charged me for them – floor mates, individual head-lights, heavy plastic covers.
Asked on December 28, 2016 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue the contractor: you sue based on all the following--
1) Breach of contract: not honoring the senior discount;
2) Fraud--both lying about the senior discount and trying to fraudulently charge you for items which they took back with them (i.e. which were not left for you);
3) Negligence--carelessly causing damage to your basement;
4) Negligent or intentional (you can allege, or claim both, since at this point you don't know which it was) loss or destruction of your personal property (the furnace filter, exercise equipment, etc.).
You would sue for the cost to repair the damage they did; for the value of what they took or destroyed; for the senior discount; and for the return of the money which you paid for items they kept. If the amount is less than the limit for small claims court, suing in small claims as your own attorney ("pro se") is an excellent option; otherwise, retain an attorney. Suing is the only way to recover compensation from them.
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