Bridgeville, DE asked in Construction Law and Contracts for Delaware

Q: Is original contractor responsible for paying if client hires another contractor to fix first contractors damage in DE?

Damage resulted from first contractor doing work. If client does not allow first contractor/their choice sub-contractor to do repairs, and instead hires a contractor themselves, is the original contractor financially responsible to pay new contractors fees?

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James L. Arrasmith
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  • Construction Law Lawyer
  • Sacramento, CA

A: In Delaware, as in many jurisdictions, the original contractor may be held responsible for damages resulting from their work. If the work performed by the original contractor caused damage, and the client opts to hire another contractor for repairs, the original contractor could potentially be liable for the cost of those repairs. However, this liability often depends on the terms of the contract between the client and the original contractor, as well as the specific circumstances under which the client decided to hire another contractor.

It's important to consider whether the original contractor was given the opportunity to rectify the damage themselves. Many contracts include clauses that allow the contractor a chance to fix any issues before the client seeks remedies elsewhere. If the client bypasses this step without giving the original contractor a reasonable chance to make repairs, it could affect the client's ability to recover the costs from the original contractor.

If the client believes that the original contractor is responsible for the damage and should pay for the repairs done by another contractor, it might be wise to consult with a legal professional. They can provide guidance based on the contract's specifics and Delaware law. They can also help in negotiating with the original contractor or, if necessary, pursuing legal action to recover the repair costs. Documentation of the damage, the repair costs, and any communication between the client and the contractors will be crucial in this process.

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