Q: Is a contractor liable for not doing work as asked? Cost of material and labor to redo work?
I hired a Tile installer to redo a shower. I noticed they started cutting corners and were wanting to charge more for the job after they started. Eventually, before I could stop the work, they quickly progressed to try and finish and charge. However, I instructed them to install the restroom floor to a certain height (to the bottom of the toilet flange) and the shower floor to a certain slope. My dad also reiterated and told the installer to install the same way I had asked for. The installer stuck to his ways and did not install as requested. He then wanted to charge more for fixing the height of the toilet flange. I told him, I would not pay for that, as that is why I had asked for the floor to be a certain height. He then stated that was more work and not what he had charged for and that would've been an additional charge for extra labor. He also stated the slope of the shower floor was correct, I stated it was not and that the extreme slope is a slip hazard.
A:
Generally, contractors like this are not employees but rather independent contractors. The key difference between an employee and an independent contractor concerns control over the work. An independent contractor controls the manner, means, methods, and details of his work. Conversely, you control the manner, means, methods, and details of your employee's work.
An independent contractor's work is subject to an implied warranty that the work has been performed in a good and workmanlike manner. If the work is not performed in a good and workmanlike manner, you can given notice of the breach and provide an opportunity for the contractor to cure the work, most likely by redoing it. If the contractor fails to cure, you can hire another contractor to correct the work that was not performed in a good and workmanlike manner and sue the original defaulting contractor for the additional cost.
Work can be performed in a good and workmanlike manner and still not be exactly the way you want it to be. That is why it is so important to specify exactly what you want in the scope of work of the written contract. The work performed by the contractor must conform to what is stated in the contract. For example, if you specified a slope for the shower floor in the scope of work, and the contractor installed the floor in a good and workmanlike manner, it may still not conform to the requirements of the contract.
You have the right to reject non-conforming work, withhold payment, and again provide an opportunity for the contractor to cure the work, most likely by redoing it. If the contractor fails to correct the non-conforming work, you can hire another contractor to correct the work that is not conforming and deduct the additional cost from the amount of the payment withheld. If what you have to pay the new contractor is less than what you owe the old contractor, you still have to pay the old contractor the difference. On the other hand, if what you have to pay the new contractor is more than the amount withheld, you can sue the old contractor for the difference.
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