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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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If a contractor working on a floor refinish damages your

Customer Question

If a contractor working on a floor refinish damages your furniture in the process and the floor they are working on can I withhold payment and what type of representation do I need to ensure coverage for repair of what was damaged?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Although these are legally two separate issues, a personal property claim and a breach of contract claim, if you were to withhold any payment on the contract issue (i.e. payment for the flooring) then the contractor will have to sue you for breach at which time you can counter sue him for damaging your property.

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If the amount of the damages to your property is under $10,000 then you can sue the contractor in small claims court and don't need an attorney. You would just visit the court clerk and file the summons and complaint and then gather your evidence, photos, estimates and other documentation and go to court on the assigned date to tell your story and get a judgment.

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If you still owed the contractor anything, the judge could reduce what he would owe you by that amount if he sued you as well.

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If you are looking to hire an attorney, you just need a general civil litigation attorney to represent you. But if you hired one to represent you, the contractor will likely agree to settle the case rather than hire his own attorney to fight it out in court for thousands in attorney fees and a judgment against him.

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thanks

Barrister

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