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Who is responsible?

I’m having my master bathroom remodeled, I asked for a granite countertop. In the contract it says granite countertop. When my countertop was installed it didn’t look right to me. I asked him why they installed it without the sub top and he said it wouldn’t fit. We didn’t like that and he stated that fabricated granite didn’t need that. This was the first time of hearing fabricated which meant it wasn’t real granite. Had we known it was fabricated we would have never ordered it. Who is at fault and who should be responsible for the additional costs?

1 reply

Sep 11, 2019

Any time a construction project is performed outside of the parameters of the contract, the contractor who failed to properly perform the work may be liable for their deviation from the contract. So, generally, when a contractor has deviated from the contract and must incur extra costs in order to remedy their mistake, that cost should typically fall on the contractor, themselves. Alternatively, if it's acceptable to the customer, reducing the contract price to reflect the use of different or inferior materials might be appropriate, too. I'll admit, though, that I don't have a lot of experience in situations like this one. So, consulting a local construction attorney might be helpful here. They'd be able to review the contract as well as any relevant communications, then advise on how best to proceed.

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