Bellevue, NE asked in Consumer Law and Construction Law for Nebraska

Q: Contractor replaced siding and gutters on my home as agreed. When I returned home, I found my screen porch gone

Contractor explained workers were at the wrong house. It was a mistake. I’ve given four months of opportunity for them to replace the porch as it was and they stayed there done but the porch is not as it was due. I have to pay them.

1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: You would likely need to at least pay them for whatever work they did accomplish minus whatever reasonable damages still remain from what they did when they accidentally removed the porch. You would need to speak with an attorney about the specifics of your case to see if that is your best course of action in your specific situation and to help figure out what, if any, those dollar amounts are. Maybe it also the matter of putting some of the funds into trust to show you are willing to pay but asking the Court to determine the amount and what should be reduced due to the damages to the porch.

It is often a cheaper and better course of action to get the contractor to fix the property than it is to bring a lawsuit to try to recover the money damages for damage to the property to pay another contractor to fix it. Thus, it does often make sense to continue to work with the contractor to make things right when possible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.