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Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5235
Experience:  Licensed to practice before state and federal court
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Had a contractor pour our patio and driveway and now rust

Customer Question

Had a contractor pour our patio and driveway and now rust spots are showing up and getting larger. I have researched on line everything I have read this will not stop and eventually will take over so you can't drive on it. We have been trying to get the contractor to correct the problem he just makes one excuse after another. What are my rights we oaid this
JA: What state are you in? It matters because laws vary by location.
Customer: i live in Califonia
JA: Has anything been filed or reported?
Customer: No I want to know my rights and what I can do
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. I can imagine that rust spots are going to end up causing you a lot of trouble in the future. This is particularly true if you ever decide to resell the property to somebody else. The new owner is eventually going to have to try to get this thing replaced in the future in that may end up frustrating your ability to sell the property. In addition, even if you are able to sell the property, you would probably have to sell it for a lower price than what it should be going for because of it

With that said, this to me sounds like a classic case of negligence. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.

There's a good chance that the contractor has a policy where if they make a mistake like this, their insurance policy may be able to help cover the cost of fixing this particular issue. One of the things that you could do is if you file a claim against their insurance carrier, the insurance carrier make cut you a check so that way you can pay somebody else to help resolve the issue. If you don't want to go through their insurance carrier, you could simply hire somebody else to fix the issue and then sue them for the difference between what you paid the original contractor and what you had to pay the new contractor to get it fixed.

Although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Customer: replied 2 months ago.
How do we find out who is insurance company is we looked up his contractor license number and it shows its been suspended due to workers compensation issue and his bond us only good till 10/25/2017. How do we find out about his insurance company we spent 32k on the work he did we don't have another 32k to have it done again by someone else? What happens if he doesn't have insurance are we SOL?
Expert:  Legal Eagle replied 2 months ago.

There's a couple of ways that you might be able to do it. You can ask a contract of themselves. Usually also the state requires that contractors provide them with who their insurance carrier is so you may be able to ask your board of contractor licensing as well.

Also, you're not out of luck if they don't have an insurance company. The contractor may just have to pay personally. It's always a little bit difficult if they don't have insurance because their own finances may not totally help you recover. This is particularly true if they file for bankruptcy. It makes getting a judgment more difficult. This is why I would recommend trying to take those steps. You may also want to hire an investigator as well who can maybe ask the right questions because this is a pretty common situation and negligence and breach of contract issues. Did you have any other questions for me?

Expert:  Legal Eagle replied 2 months ago.

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.