Am I liable for paying to have a client’s vacation rental floor refinished if I did not do the damage?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I liable for paying to have a client’s vacation rental floor refinished if I did not do the damage?

I own a small Interior Decorating business in Colorado that I organized as an LLC. A few months ago I arranged for a contractor to refinish a vacation rental homeowner’s damaged wood floor. The contractor completed the work, using a commercial grade finish which I requested. I thought the floor looked good, but the property management company complained about the work. The contractor re-sanded the floor and put on an additional coat of the finish at no cost. In the meantime, I purchased dining chairs for the homeowner and applied floor protector pads so the new chairs wouldn’t scratch the floor. Recently I was notified that there were scratches in the floor. I went to the rental and inspected the floor. Most of the scratches are in the breakfast bar area, with some scratches in other areas of the Great Room. In inspecting the bar stools, which were there before I was hired by the homeowner, I discovered that the pads were either missing or worn down. On one stool the metal bottom of the leg was exposed. Now the Owner Liaison for the property manager is stating that she is not sure the damage was all caused by the furniture. She is also demanding that the contractor and I correct the problem. She is blaming me for not applying pads to all the furniture and she blames the contractor for doing a poor job. This contractor has done a lot of work for the management company in the past and also present. He said he will not warranty a floor where furniture protective pads are not present. I reached out to the design community and the consensus was that they generally put pads on existing furniture. The bottom line here is I don’t feel like I was responsible for the damage and I don’t have the money to pay to have the floor refinished.

Asked on September 19, 2019 under Business Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Liability depends on one of two things:
1) Contract, in this case a warranty: if you gave some sort of warranty or guaranty, you have to honor its terms.
2) Fault, typically in the form of negligence or unreasonable careless: that is, if you were unreasonably careless in some way in terms of what you did or did not do and that carelessness caused the damage, you can be held liable. 
They have to be able to prove 1) or 2)--that you are contractually obligated, or that you were at fault--in order to hold you liable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption