Oakland, CA asked in Construction Law for California

Q: In California, if a contractor working on your home does damage to property, are they required to pay for defect repair?

Scaffolding company put their scaffolding on a small decorative wall and cracked it. The house is 90 years old, the wall was standing strong. But when cracked it is apparent the wood inside is gone. But it really did not matter as the stucco was thick and intact. The scaffold company claims they are not responsible for fixing the dry rot and only for the little stucco repair. To fix the wall though requires building a box to build the stucco onto. They claim the wall should have been strong enough to hold the scaffolding (no reason they couldn’t have put the scaffold post on the ground right next to wall). Scaffolding owner said we did superficial damage to stucco we are not responsible for dry rotted structure. But to fix the superficial damage is actually a big job. Please advise

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1 Lawyer Answer
George W. Wolff Esq.
George W. Wolff Esq.
  • Construction Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: He is probably right about the dry rot.

That was already there before they came along.

It’s probably good it was discovered as it could have gotten much worse or even dangerous!

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