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Old 12-20-2014, 05:45 AM   #1 (permalink)
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Question Damage fee!

A company "Stone age" in Texas DFW area, remodeled our bathroom, but after using it we noticed water leakage, they broke the floor to find the problem, didn't find the problem and left it open. The expenses to buy (the material they destroyed +labor to fix the problem )is$1700+400) ! I need to know what is the advice to force this company to pay for what they have caused us! they simply don't do anything and say: you should solve it with the subcontractor who did the job! We have contract with this company not the subcontractor! They say based on their tests the water leakage is not their fault, but the shower didn't have any problem before!this problem appeared after remodeling and it took about 1 month after payment that we used & noticed & informed them about this issue! I just need to know what options I have to force them to pay me a damage fee! I paid them $3700 for labor & bought the materials myself that now they have ruined a part of it (Floor and a part of other tiles).
a plumber and 3 other experts who done the similar job successfully before, visited my shower and said this problem is just because this company didn't do their job professionally.
Appreciate any advise you could offer.

Last edited by USER; 12-20-2014 at 10:22 AM. Reason: grammar corretion
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Old 01-14-2015, 09:29 AM   #2 (permalink)
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Sounds like you need to file small claims action for the amount. It sounds like they believe it is not their fault and you believe it is theirs and if it is worth the time you can file a small claims action.

Small claims is fairly basic and you do not need an attorney present, but you could have one write the paperwork for you cheaply. Here is a brief article explaining small claims. http://www.legalmatch.com/law-librar...ms-courts.html
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Old 01-14-2015, 02:42 PM   #3 (permalink)
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Subcontractor Liability

If a subcontractor, hired by the general contractor, performs inadequate or defective work, a general contractor may face claims by the owner or others, seeking to hold the general contractor liable for costs associated with the subcontractor’s allegedly deficient work. Many licensed contractors have insurance coverage that covers faulty work done by either them or the subcontractor that they hired. Since subcontractors would be considered the agent of the contractor, a contractor would sometimes be liable for the work.

Also look at the contract you have between the General Contractor. There will be an indemnification clause which sets forth the GC's responsibilities and potential liabilities as to its sub-contractors liability. Also notify the contractor and the subcontractor, both by phone and letter, of the damage.

If the GC refuses to pay for the damage, you may bring a claim in small claims court.

**I am not an attorney and this is not legal advice. Contact a experienced attorney before doing any legal action**
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Old 01-16-2015, 05:53 PM   #4 (permalink)
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Thumbs up

Thanks for your comments regarding my post. After negotiation with the contractor they made the subcontractor to show up and work on the project, but it took about 5 weeks for the subcontractor to show up.
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Old 01-27-2015, 08:50 AM   #5 (permalink)
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Glad to hear it worked out. If you believe this 5 week turnaround was unreasonable you can seek damages for the lost time likely in small claims court or simply negotiate for some reduced costs on future work.
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