Contractor damange (by Jeremiah [WI]) Jan 23, 2010 7:32 PM|
Contractor damange (by Moshe [CA]) Jan 23, 2010 7:36 PM
Contractor damange (by Shawn [SD]) Jan 23, 2010 7:50 PM
Contractor damange (by RR78 [VA]) Jan 23, 2010 7:56 PM
Contractor damange (by Steve From Texas [TX]) Jan 23, 2010 8:13 PM
Contractor damange (by Jeremiah [WI]) Jan 23, 2010 8:20 PM
Contractor damange (by AllyM [NJ]) Jan 23, 2010 9:06 PM
Contractor damange (by in [IN]) Jan 23, 2010 9:14 PM
Contractor damange (by Josh [CA]) Jan 23, 2010 9:25 PM
Contractor damange (by Josh [CA]) Jan 23, 2010 9:35 PM
Contractor damange (by Jeremiah [WI]) Jan 23, 2010 9:39 PM
Contractor damange (by Reid [KS]) Jan 23, 2010 10:11 PM
Contractor damange (by Josh [CA]) Jan 24, 2010 5:01 AM
Contractor damange (by RR78 [VA]) Jan 24, 2010 8:04 AM
Contractor damange (by Gloria [TN]) Jan 24, 2010 8:54 AM
Contractor damange (by RJ [WI]) Jan 24, 2010 4:35 PM
Contractor damange (by Virden [OH]) Jan 24, 2010 5:29 PM
Contractor damange (by Jeremiah [WI]) Posted on: Jan 23, 2010 7:32 PM
State Specific Question About: WISCONSIN (WI)
I had a contractor that I recently hired to remodel a bathroom in the process he damaged tenants clothing and items while he cut a drain pipe which leaked drain cleaner on their items. Am I responsible for the damages or is the contractor? I removed the tenants that night and put in a hotel room while the repairs were made and gave them a $200 rent credit for the following month. --99.139.xxx.xxx
Contractor damange (by Moshe [CA]) Posted on: Jan 23, 2010 7:36 PM
Once again, look to your contract with the contractor.
Also, your state probably has a contractor licensing board, that may be able to help.
Contractor damange (by Shawn [SD]) Posted on: Jan 23, 2010 7:50 PM
Have you spoken with the contractor yet? A standup contractor should pay for it because it's the right thing to do (they screwed up). If they are balking at it, I would look for a new contractor. I would also put the screws to this one to get them to pay.
It doesn't matter what the contract says unless they refuse to work with you on this. Even if my contract with you said I wasn't responsible, I would still pay. --66.17.xxx.xx
Contractor damange (by RR78 [VA]) Posted on: Jan 23, 2010 7:56 PM
You hired the contractor so they are sort of your agent.
You pay tenants, then you collect from contractor. --71.127.xxx.xxx
Contractor damange (by Steve From Texas [TX]) Posted on: Jan 23, 2010 8:13 PM
You pay the Tenants. Then you deduct / work something out with your contractor.
Also, remind your tenants that they need RENTER'S INSURANCE.
Contractor damange (by Jeremiah [WI]) Posted on: Jan 23, 2010 8:20 PM
Contractor is refusing to pay he is saying take me to court. Tenant has renter's insurance. Should I push them to file it with their insurance? I was going to pay initially because I figured it was roughly $500 worth of damaged items. But they sent me an incident report citing "medical distress" = $400 plus they marked up most items saying sentimental value for a grand total of $1700... --99.139.xxx.xxx
Contractor damange (by AllyM [NJ]) Posted on: Jan 23, 2010 9:06 PM
Offer them the $500 and say if they don't take it they can take you to court and probably get nothing since the judge will tell them to use their insurance.
Then you take the contractor to small claims court. --76.99.xxx.xx
Contractor damange (by in [IN]) Posted on: Jan 23, 2010 9:14 PM
Reputable contractors have business insurance, and the insurance will pay or represent the client in court.
If the tenant is adding addition expenses they may be denied or the claim will be adjusted.
You need to contact you insurance company and maybe an attorney to discuss your rights and liabilities.
Stop talking to the tenant, and tell them you have turned it over to the adjustor's,
Anything you say or do may be used against you,as a for of admission. --67.163.xx.xx
Contractor damange (by Josh [CA]) Posted on: Jan 23, 2010 9:25 PM
And you already paid them and they are doing this noise?
I can tell you what the law is in CA. If you had a open sewer that was going to be left open over night and the repair continuing in the am. You would be prudent to rent them a room.
A judge told me in the court room that law sees it like this. Take the monthly rent for the unit. Divide it by 30 which gives you the daily amount of rent. Which is usually around $20 to $30 a night for a one or two bedroom. Judge asked me:"Can you rent a room for that amount of money today?"
"No your honor." It's $60 and up for a motel six."
That said, the courts stance is renting a motel room for a tenant because of plumbing issues is a financial hardship on the landlord. It's not required of the Landlord to pay 2 or 3 times more a day for a room of what the tenant pays in a daily amount for the rental. However discounting the rent the daily amount for the day/s the tenant wasn't able to use their plumbing freely is expected and correct.
So let me get this sitch straight. This is a remodel or is it a repair? Did the tenants call or write to you to report a problem in the bathroom? Were they notified that work was going to done in their dwelling?
If these items are so precious to them why were they in the bathroom with the contractor to begin with? This is obviously to me a tenant game of lets roll the landlord for every penny he will give freely. On top of this they have renters insurance.
Tell them to contact their insurance company and make a claim.
Contact the contractors board and file a complaint. In CA the contractors board have a fund to pay clients and sometimes vendors. See if your state has the same type of thing.
If the contractor isn't licenced turn him in. So tell me how did this contractor cut a pipe spilling drain cleaner on the tenants items? What he was using the tenants bed as work bench hooking his bench vise to the bedside table? Sounds like a lousy contractor or a drunk contractor to me. JMO.
Contractor damange (by Josh [CA]) Posted on: Jan 23, 2010 9:35 PM
This incident report was drawn up by the police I take it? The tenant still didn't turn this into their renters insurance? That is odd. Seems like the tenant has heated up and boiled over real quickly. Was there some kind of fight/screaming match/ or ? That went on? Feels like there are big chunks that are missing in this scenario.
Contractor damange (by Jeremiah [WI]) Posted on: Jan 23, 2010 9:39 PM
Remodel was on the upper unit. Lower tenants were notified of work going on for the remodel. Water leaked through ceiling of lower unit into their closet that is how their items were damaged.
All said and done found out that contractor wasn't licensed after work was completed.
Lesson learned in hiring workers to do my research on them before they are hired --99.139.xxx.xxx
Contractor damange (by Reid [KS]) Posted on: Jan 23, 2010 10:11 PM
Licensed or not if the guy did damage I'd hold him responsible and give him a week or two to pay up and then take the matter to SC . Rather The person whose property was damaged need to make the claim. If this is a guy that does alot of work for you I'd have a heart to heart with him and ask them to do the right thing and you'll continue to have them do work for you otherwise you'll be forced to find someone else in the future. Try to give them a way to save face and make it win/win if possible. --70.246.xxx.xxx
Contractor damange (by Josh [CA]) Posted on: Jan 24, 2010 5:01 AM
=OUCH= this is one of those lessons that stings. I hate it when I block with my face.
I understand now why the downstairs tenants are being jerks about this sitch.
The contractor(Not) didn't realize how much water he was letting go into the floor/ceiling I take it? It's still his fault.
Don't be concerned at all about the contractor taking you to court. He would be on the down side of stupid if he does. Do not pass jail card for him/pay a fine to the contractors board.
He has a choice he can pay for the damages that his negligence caused or he can pay a much bigger amount to the contractors board and pay you regardless.
Reid gives good advice. Try to give him some ground to stand on. It's the right thing to do.
Me being me .... I would....
If he doesn't take the high road then pull the ground out from under him. You shouldn't have to take this hit for him. He passed himself off as a licensed contractor. That isn't cool. It's good that you are taking responsibility for his actions. We know it isn't your responsibility to take on.
I'm not in your position so I can't read your tenants. My thoughts are that the female is getting all wrapped up in the drama and feeling violated. The male tenant is stoking the fire hoping to cash out big. If you hadn't already paid the tenants I would offer the money now as a carrot and tell them it's this. You take the $500 and the $200 off of next months rent or you will have to take this to small claims court. You can't do that tho. So I would tell them you have paid all you are going to pay. They can submit a claim to their renter insurance. If they no longer have current renters insurance. Too bad so sad. Wash your hands of the thing. I feel you have been generous and stood up and dealt with this thing correctly.
Let us know how this turns out.
Contractor damange (by RR78 [VA]) Posted on: Jan 24, 2010 8:04 AM
“medical distress" = $400 plus they marked up most items saying sentimental value for a grand total of $1700”
That part would piss me off, with them trying to take advantage of you.
I now would tell them to turn it all in to their renters insurance.
Or we can take the case to court and since you are a fair person you will gladly pay if the court considers their claim reasonable. (Which is not a chance)
Contractor damange (by Gloria [TN]) Posted on: Jan 24, 2010 8:54 AM
I agree with RR78. This is why they have renter's insurance. I am amazed that you already gave them money and a motel room, they ask for too much and that makes me mad. --208.252.xxx.xx
Contractor damange (by RJ [WI]) Posted on: Jan 24, 2010 4:35 PM
If the tenant is padding the bill, its time to tell them to contact their insurance agent. The insurance agent (company) can choise to go after the contractor if they feel he is in error. Likely, they will just pay off though.
As for the contractor, it sounds like he botched it enough to just not pay, let him take you to court and let the judge decide what, if anything, you owe. You may want to counter sue for the other damages to the lower appartment, if you dont do it now, you cant do it later. You can drop your case later though if you decide you dont want to look petty or nit picking in court. --71.117.xx.xxx
Contractor damange (by Virden [OH]) Posted on: Jan 24, 2010 5:29 PM
Licensed or not the contractor should pay towards the deductible, then the insurance agent will take over and compensation will be fair to the tenant. --68.76.xxx.xxx