AllExperts > Construction Law 
Search      
Construction Law
Volunteer
Answers to thousands of questions
 Home · More Construction Law Questions · Answer Library  · Encyclopedia ·
More Construction Law Answers
Question Library

Ask a question about Construction Law
Volunteer
Experts of the Month
Expert Login

Awards

About Us
Tell friends
Link to Us
Disclaimer

 
 
 
 
About Barry Clifford Snyder
Expertise
Snyder Law has handled construction law cases in California for over 30 years. The matters include construction accidents, contract disputes between owner and contractor, mold litigation, and bonding issues (performance and completion bonds). Feel free to call us with any question.

Experience
Thirty (30) years extensive experience in the field, with over 105 jury trials completed by Barry Snyder. The firm has represented both plaintiffs and defendants in matters involving all aspects of residential and commercial construction. Claims include those as varied as mold exposure and performance and completion bonds, and will typically involve construction defects for condominium and housing projects or individual construction.

Organizations
USLAW Network, Inc. www.uslawnetwork.org

Education/Credentials
Barry Clifford Snyder has a B.S. from UCLA in 1970 and a J.D. from Loyola University School of Law in 1974.

Awards and Honors
Barry Clifford Snyder was admitted to the United States Supreme Court in 1986 and is qualified to argue before that court.

 
   

You are here:  Experts > Industry > Construction Industry > Construction Law > remodel mishap

Construction Law - remodel mishap


Expert: Barry Clifford Snyder - 10/8/2004

Question
We hired a contractor to remodel our bathroom.
We paid him almost 5000.oo for this remodel.  His work turned out to shoddy at best.  Even the tile he put down in May is already coming up.  My question is should we sue his company or the insurance that holds his bond.  can we ask for all the money we paid him back.  we are soon going to redo the remodel completely.  he states he he should be able to deduct the amount it cost for supplies and tub (that is so stained from tile grout it has to be replaced) and cost of boards and materials.  we have decided to remove everything he did and have it redone.  should he get any compinsation?
we have been thinking small claims is an easy place to maybe find a quick solution to this mess
but i am unsure if that is the best thing to do?
do we have any rights to have him pay for the new remodel? since the contract states he will complete to our specifications?
to make this worse this great building contractor is my bother.  any suggestions?

Answer
A Small Claims action would be quick, but if you lose, you cannot appeal.  The defendant can appeal and get a reTrial if he loses.  $5000 is the maximum recovery.  

You might be able to go after the bonding company.  It is worth a try to call and ask for a claim form.

If he is your bother, why doesn't he just return all of the money, over and above what he paid for materials, and keep the family happy?  

In any action, you will get only a money judgment, not an order that he pay for the new work.

Add to this Answer   Ask a Question


 
User Agreement | Privacy Policy | Kids' Privacy Policy | Help
Copyright  © 2008 About, Inc. AllExperts, AllExperts.com, and About.com are registered trademarks of About, Inc. All rights reserved.