Sorry, but I never received your replies until now.
I emailed the owner, i can improve my work if he allow me to work in his house, but he never reply me, now he is re install the system by using other company, according his email, he will ask us to take responsibility for the cost. Is he able to suit us for paying all the cost?
A: The owner is required to mitigate damages in order to have a claim against you. Part of that obligation requires that the owner provide you with a reasonable opportunity to cure the defects in construction, unless to do so would be futile.
Ultimately, the owner can sue the general contractor, and the general contractor can sue you. If that happens, then you would either have to defend the lawsuit and show that the construction work was done correctly, and that the noise is the result of a manufacturer's defect. Or, you may be found liable for the damages -- in which case, your next move may be to file for bankruptcy
protection if you cannot pay the claim.
Naturally, if you are a licensed contractor, then the owner will go after your bond. If you are not
licensed by the CSLB, then you cannot defend the lawsuit -- however, this would also make you the employee
of the general contractor, and that would further mean that you are not liable -- the general would liable, and he cannot sue you to recover, because Labor Code 2800 and 2802 require that an employer pay all of an employee's costs incurred within the scope of employment.
He has not given me a chance to go into his house to improve the work, now he is using some one else to re do the work, should i pay all the cost? can i fight back? do i need to mail him a certified letter as proof instead of email?
A: You may want to send certified mail to both the general and the owner stating that you are ready, willing and able to attempt to cure any installation defect that is the result of your alleged lack of due care, but that you cannot do so, unless you are permitted to reenter the property.
That way, at least you will have some record that you have attempted to cure any alleged breach of your contract, and that either the general or owner is preventing you from doing so.
Hope this helps.
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