Ins Denial Workmanship on New Home

[kcfilley]

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

A contractor applying EIFS (syn stucco) to my new home splattered EIFS onto clad windows and doors; railings, decorative concrete decks/patios; and tracked it onto my finished floor inside. I caught him cleaning the new baked-on enamel windows/doors with a knife and acid. Of course I made him stop. His liability carrier denied coverage calling it workmanship. My contract with him was for walls, deck ceilings and soffits. The ins company said cleaning his incredible mess was incidental to the contract and if he chose acid to clean with, that was a workmanship/business risk problem.

Any ideas? Thanks. KC.

 

[ALawyer]

His insurance company owes you nothing. BUT if his activities were negligent, or worse, and it looks as if they clearly were, HE owes you damages.

Let HIM go after his insurance company - you go after him.