Do I have to return the old carpet ?

In the state of California I was awarded a judgement by a small claims judge in which the contractor that did the installation of carpet in our home had to purchase and pay another contractor to re-install the carpet by Jan. 5th.

The contractor who did the original installation called me and told me that he was not going to pay the new installer unless I gave him back the old carpet. Do I have to by Law return the carpet to him. We purchased the carpet from him originally and he damaged the carpet during installation. The judge is making him replace the carpet that he damaged.

Do I still own the damaged carpet or does it become his since he has to replace it ?

Please advise ?

Greninger1 said:

In the state of California I was awarded a judgement by a small claims judge in which the contractor that did the installation of carpet in our home had to purchase and pay another contractor to re-install the carpet by Jan. 5th.

The contractor who did the original installation called me and told me that he was not going to pay the new installer unless I gave him back the old carpet. Do I have to by Law return the carpet to him. We purchased the carpet from him originally and he damaged the carpet during installation. The judge is making him replace the carpet that he damaged.

Do I still own the damaged carpet or does it become his since he has to replace it ?

Please advise ?

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My response:

You can't have your cake and eat it too. The original carpet installer is correct. Make the carpet available for pick up, and get a dated, and signed, receipt.

IAAL

Yes, no free magic carpet ride.

If the court-ordered replacement includes the original installer purchases the new carpet, then you need to return the old carpet to him. However, if you had to purchase the new carpet, and the original installer just paid for the new (re)installation, then you can keep the original carpet you paid for.

Basically, you are allowed to be 'made whole'. This means back to the original condition you would have been in without the claim. You cannot benefit from the original installers error.