Saturday, October 24, 2009
If you contract a job and dont get paid for it, are you legally responsable for any damage resulting from this
Answers:
Yes--assuming I understand you. If you're a contractor, and you damage the customer's property through your negligence, you're liable for the damage.
If you were not paid, you would be allowed to offset the customer's award by the amount you're owed.
Err?
From what?
You performed the work, correct? It is difficult to prove non-payment for something like this, it could have been a barter situation for all the courts know.
If you perform work as a professional, you are expected to have a certain amount of due diligence. If the fixture fell due some sort of improper installation, then you would be on the hook for the damages it caused. The question is whether the owner is willing to take you to small claims court over it. I wonder though, If they never paid you, would they have any evidence they hired you to do the work?
Yes. The two issues are not legally related. You have a cause of action for the unpaid work. The homeowner has a cause of action for the damage.
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