Want to play judge and help me settle a dispute?

Question

Right after completion of a home that was built, the customer moved furniture into it. There was a leaking pipe upstairs and it caused water damage through the ceiling to the bottom level of the home where it leaked onto a used, leather couch.
The next day, the contracter sent the plumber, sheet rockers, and painters out to make all of the repairs. Everything was done quickly and efficiently within the next 2 days.
However, there was water damage to the leather couch. The couch is used and has some dog scratches and worn places. After the water dried there was a light mark about the size of a large pan on the upper corner. The contractor volunteered to have it cleaned, which would cost about $500.00 including pick up and delivery, or give the customer the $500.00 cash outright to put towards the purchase of a new couch.
The customer feels that the contractor should pay for a brand new couch......WHAT DO YOU THINK?

Answer 1

As a former contractor myself I will side with the contractor and so will a judge. The reason being is that the contractor did everything in his power to rectify the problem. The contractor wasn't trying to deny or get out of anything. He sent in sub-contractors to repair the situation and made efforts to have it cleaned or replaced at a fair market value for a couch in used condition with previous damage already. You can take this to small claims court but will lose because of your unwillingness to settle with reasonable terms. The judge will ask you if the contractor made the efforts necessary to correct the problem and when you say yes he will dismiss the case because of the contractor's efforts and the timely fashion in which the other repairs were made. I'm sure that the contractor is licensed and bonded which will exonerate him and maintain his reputation of years of being in business and willingness to take care of the problem. Therefore you will come out on the losing end and the $500.00 as well. If the couch had been newly reupholstered and was verified as an antique you might have had a case.

Answer 2

$500 for a used couch sounds very generous, unless the customer can prove it was something special, like an antique. If the customer would rather have a replacement couch, you can find a lot of good quality couches (even new pieces) at Salvation Army for around $350.

There was no neglect involved on the part of the contractor--that was a very timely repair. Yes, it would be an inconvenience, but so is a line at the public restroom. And it's not likely anyone could convince a judge to justify a claim of pain and suffering over the temporary loss of a couch.....

Answer 3

As a General Contractor I try to be fair and equitable about my professional dealings with clients and their issues that may arise from owning a new home that our company has built. In this situation I would have responded quickly to the repair issue of the leak and got the plumber out there ASAP. ( 2- 5 days is VERY reasonable for getting the entire repair completed.) As for the couch, I would have taken it for repair to return it to the condition it was in before the leak occurred, and that alone. If the repair was not feasible for client and they felt an inconvenience without the couch for a few days, an offer of cash for $500.00 is completely fair and generous for a used couch with prior damage from dog scratches and wear marks.

Go to court, show the paper trail and keep your good reputation!!!

Answer 4

The contractors offer is reasonable. It was an old couch & the damage is repairable. If the customer is going to insist on a new couch than the contractor should get to pick it out. It would probably cost less than the $500 he offered & fall apart as soon as somone sat on it. If you want a new couch take the $500.

Answer 5

I think if he can get it cleaned and actually transports it to and from the cleaners, it should be good enough. Granted, the thing with the leaky pipes was a major inconvenience, especially since it's a new home you shouldn't have problems right off the bat. Since there is no way to buy them the EXACT same couch with the EXACT same signs of wear, there is no way it can be replaced, exactly. There isn't really a blue book for couches. I'd be surprised if you can even find a new couch that's exactly the same. I would think the decent thing would be to reimburse them for the couch. It was a hell of a lot of hassle for it to be raining in your living room. You know if that happened to you, you would be pissed. But that's just me personally.
If the customer doesn't want it cleaned, I would inform them that since there is no way to replace the couch in the state it is in or properly assess the value, that getting it cleaned is the only action you can take and you are so so sorry for the inconvenience.

Answer 6

You've run into the difference between a damage claim and an insurance claim. If you had insurance then, depending on the coverage, you might be able to claim for replacement cost through your company. A contractor is only obligated to pay for actual value or repair of an item. It sounds like you should take the 500 bucks and put it towards a new couch. You'll find in contractor damage claims, the pro-rated value of your items is a lot less then you'd like them to be. Good luck.

Answer 7

I think the guy is nuts. Greedy at least. It was a used couch after all, so what is the value? 500 for a used couch sounds extremely fair. Not only that but the contractor got the people out there and took care of the problem promptly.

That's like saying if you hit my pick-up truck, I want a Rolls Royce to replace it. That sounds just as silly as the new couch. good luck

Answer 8

If the couch had been brand new, then the contractor should pay for a brand new couch. Obviously the couch is used and has signs of wear. I think the customer should be happy that the contractor is willing to pay $500 cash.

Answer 9

NO NEW COUCH! The old couch was used and granted the contractor damaged the couch but he damaged a USED COUCH not a new one he is obligated to bring the customer's couch back to the same condition it was prior to the water damage. If the contractor can have it repaired for $500.00 that's what should be done.

There is no obligation to the contractor to buy a new couch.

Answer 10

Well, if the cleaner can guarantee that they'll be able to get the spot out, I'd say its a fair deal. If not, however, I suppose the contractor ought to replace the couch with another similar, used couch in the same condition - not a brand new one, but maybe a little pricier than the original, due to the inconvenience and extra hassle he has caused his customer.