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.
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