Damaged Shower Tub

[TmTm89]

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? AR

During our remodel we were to have a new shower/tub installed. After it was installed with only sheet rock around it and no pluming, we notice it had a whole in the bottom from a nail gun and a deep six inch scratch on the wall.

The contractor said that they would be able to fix it where it would not be noticable. Meanwhile not to get behind he had them plumb it and paint around it.

Two weeks after we told him of the damage the FIRST repair person came to fix it.

Then a week later the SECOND repair person.

Then a couple of weeks later a THIRD repair person.

IT still was not up to our standards since we paid for a new shower not one that had been worked on three times and still looked bad.

Contractor refused to do anything else. He would not replace it since it would cost too much since they had painted and plumed it, so we with held final payment.

He voided the showers warrenty because the first two repair men were not factory authorized.

He has filed a Lien.

Do we have a case? or should we just pay him what we owe.

thanks for any thoughts.

 

[lwpat]

Do we have a case?

Certainly. Take pictures of the shower and have a licensed home inspector make a report. Then get estimates from two to three other contractors to replace the shower. Immediately send the original contractor a demand letter giving him a reasonable time limit to make the repairs or you will have it replaced by another contractor and deduct the charges from what is still owed and that you will file suit for any overages.

Take your contract, you did have one didn't you, to your attorney along with all of the above paperwork. Check to see if AR has a contractor's licensing board and you can file a complaint with them.

I would also file a claim with his insurance company. You did get a certificate of insurance I hope.