The contractor I hired couldn’t line up my shower floor tiles. Can I legally make them redo the tiles? Can I hire someone else and make my contractor pay for the cost?

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The contractor I hired couldn’t line up my shower floor tiles. Can I legally make them redo the tiles? Can I hire someone else and make my contractor pay for the cost?

My contractor is licensed and bonded. The contract states the job performed

Asked on September 5, 2017 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the contractor for breach of contract. Your damages (monetary compensation you are seeking in your lawsuit)  include the cost of having another contractor complete the work.
You will need to mitigate (minimize) damages by finding a contractor whose fee is comparable to other contractors in the area.  If you select the most expensive contractor you can find, you have failed to mitigate damages and your damages will be reduced accordingly.


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