contract-law
Damages from a contractor
<p>So I just got stumped in small claims court today.</p>

<p>Judge was lovely a very nice person so I can't even blame her kick around and pout as apparently I was unable to prove any damages.</p>

<p>So backstory, I had some water proofing work done where they tore out an old drain and installed a new drain except this water noticeably worse resulting in water coming up onto the floor. Months later after constantly asking them to fix it I took them to court just touting the contract price.</p>

<p>What exactly would be claimable or need to be proved in this instance if not the contract? Would I need to claim the basement as ruined?</p>

<p>It <em>seems</em> that you are claiming that the work was either a) not performed in accordance with thee contract - including an implied term that the work should be 'fit for purpose' or b) that the work was performed negligently. It also <em>seems</em> that you asked for the price the contractor charged for the work to be returned to you i.e. you wanted a refund.</p>

<p>That's not how it works.</p>

<p>You are only entitled to a refund when there is a "complete and utter failure of consideration" (subject to local consumer protection law), for example, if you had paid a deposit but the contractor never did the work. Here the contractor has done (some) work and so you are not entitled to a refund.</p>

<p>What you are entitled to is for the contractor to come back and repair their faulty workmanship or, if the contractor is unwilling or unable to do this, to damages.</p>

<p>Damages in this case would include any damage that was caused by the water (cleaning and replacement of damaged stuff) and the cost of having the repairs carried out by someone else.</p>

<p>Of course, you are required to prove that the contractor has breached the contract or acted negligently before you are entitled to anything.</p>
