If a customer is suing for shabby workmanship, insisting on full repayment but has work removed before court..

Question

in other words, destroying all the things he is suing contractor for thus rendering the contractor incapable of requesting arbitration or proving client is either dead wrong and lying or.....dead wrong and lying lol...would the judge be forced to decide in favor of defendent seeing as the plaintiff destroyed all evidence that the defendent is being accused of doing wrong? And can the defendent file a motion that prohibits the plaintiff from TOUCHING the work in question until a decision has been handed down? AND would it actually be the BETTER thing that the client go ahead and hire someone to remove said work before the court date because defendent may win by sheer default?

Answer 1

The concept is called "spoliation of evidence." If the contractor had an opportunity to inspect the work after being made aware of the defects, it will be hard to prove spoliation. Also, if the work was of such poor quality that it created a dangerous condition, the contractor won't have as long to inspect.

On the other hand, if the client destroyed or altered the evidence without notifying the contractor, the court will look at it differently.

Bottom line though, if the work is done right, pretty much no one tears it out and has someone do the same job again, and that concept will carry some considerable weight with the judge.

Answer 2

I doubt a judge would render any decision against the contractor unless he were given a chance to rectify the problem. That's pretty standard language in any legitimate contract.

If the case is exactly as you described, the judge would have to be limited to the terms of the contract.

Did the client make any photographic proof of the quality of the workmanship? What evidence does he have?

Answer 3

Would it be better for the "Customer", (client), to hire someone to "Remove" the work before Court Date?

If a suit is in process, I recommend that no one touch the job.

That's a good way to negate any lawsuit, whether pending or not, but expected to be filed.

A judge will not look favorably on that.

If the contractor wants to settle out of court, then he will be entitled to recover any materials that are salvageable.

Answer 4

If there isn't any evidence of the final product being shabby, then the contractor will probably win. Photos could be taken before any alterations are done.

Answer 5

If the client did not document the shabby workmanship then he can not prove any wrong doing. If he did document it then he/his lawyer is requried to provide you/your lawyer with that evidence prior to the trial. This action is done in the hearing.

Answer 6

If they took pictures of the alleged shoddy workmanship before ripping it out and replacing it, they could still win.