Is a home construction contractor responsible for repairing damage caused by his actions


Hotshot , Sunday, 15th of August 2010 10:47:04 PM

Say a homeowner hires a contractor to paint some exterior trim on a house. 
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As the contractor works, some of the wood being painted breaks off due to 
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dry rot. the homeowner feels that the contractor should now repair the 
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trim in addition to painting it. The contractor says he should not be held 
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responsible for the condition of the wood he was asked to paint and since 
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repairing was not negotiated in the contract, he is under no obligation to 
do any carpentry work.
 
 
 
 
 

Cheeks , Monday, 16th of August 2010 04:02:45 AM

If they can proof it was dry wood the the Home owner is in  
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trouble. Normally the contractor should be the one making trouble not the  
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home owner. He owner should have inspected the wood before he let another  
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human endanger their lives working on rotting wood without informing them  
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of danger underneath.  
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sweet kisses , Tuesday, 17th of August 2010 12:28:57 AM

The dry rot is a material defect in the trim, the contractor  
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who was contracted to paint the trim is not responsible to repair all the  
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dry rot on their dime unless the owner wants to pay to replace the dry rot  
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The courts will not rule the contractor must replace all the dry rot at  
their expense this would unjustly enrich the home owner for they would not  
only get the trim painted they would also get all new wood in regard to the  
trim; all for the price of painting the trim  
 
The home owner would not prevail in court  
 
 
 
 
 

jenna bare , Wednesday, 18th of August 2010 09:46:09 PM

No. He should not be required to fix the siding. In order to  
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work out an agreement, meet in the middle. Find the siding, pay for it,  
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and he will possibly put it back up, without charging a labor fee. But  
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that comes with strings attached, since he may not be a professional in  
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siding. ie sealing, etc. He may also not want to delve into the siding, as  
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he may find more underlying problems of rot, etc. Best bet would be find  
the main problem, and fix it, then worry about the paint.  
 
 
 
 
 

boyfiie , Thursday, 19th of August 2010 05:51:53 PM

The contractor should not be held responsible for the condition  
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of the wood he was asked to paint and since repairing was not negotiated in  
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the contract, he is under no obligation to do any carpentry work.  
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Boo Boo Kitty , Friday, 20th of August 2010 02:52:57 PM

Normally Yes. If you signed a contract with him review it that  
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should give you your answer.  
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