Who is responsible?

6 years ago

Back story. We had a new construction. We installed a propane fireplace that would have a bench in front with cabinets on each side. Our builder framed out the fireplace but was waiting on guidance before framing the bench in front. In the meantime, the cabinets were installed. Our builder then framed the bench. He says the stone installer told him the dimensions to build it, she disagrees. Regardless, she came and installed the stone and it overlapped the cabinets that were already installed so that the doors would not open. She left and did not even mention it to me. She says it’s the cabinets builder’s fault. The cabinet builder says he’s done it that way for 30 years and never had a problem. I believe it’s her fault because she should have had the framing corrected before installing the stone. She knew it was overlapping the cabinets and installed it anyways. I had to pay to remove, rebuild, and reinstall the cabinets. I’m now withholding that from the stone installer’s final bill and she is threatening to put a lien on my home. What’s your opinion?

Featured Answer

millworkman

6 years ago

What does the GC say? Its incumbent on the GC to coordinate the trades. If you are the GC and or signed off on the drawings with dimensions its all yours.

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Comments (9)

cpartist
6 years ago
Who gave the cabinet maker and stone mason the drawn out plans with all dimensions noted and a to scale drawing showing exactly what you expected?
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jrb451
6 years ago
So the stone installer installed the stone knowing that it prevented the cabinet door from opening? Seems like a conversation was in order before completing the job. They must be obtuse/incompetent/passive aggressive. Pick one.
PRO
Joseph Corlett, LLC
6 years ago
millworkman nailed it.

Clip the stone corner and call it good.
PRO
Mark Bischak, Architect
6 years ago
"Clip the stone corner and call it good."

Wisdom can be very simple.
User
6 years ago
Too late to "clip the stone corner."

The OP has already said...

"I had to pay to remove, rebuild, and reinstall the cabinets."
shead
6 years ago
Well, here's the kicker. The OP should have explored the costs of all options before deciding which route to go. Everyone sometimes makes mistakes and I believe the stone person should have first been given the chance to rectify her mistake and clip the corner of the stone. That wouldn't have taken much money or effort to do. I'm sure having the cabinet redone was much more expensive and time consuming. I would have tried to come up with a reasonable compromise before deciding which course of action to take.

At this point, she probably can put a lien on your home and to fight it, you may well be out more money than simply paying her what she was owed and chalking it up as Stupid Tax.
bry911
6 years ago
Here is my take:

All trades must take reasonable steps to mitigate damages, there is a duty to protect people from mistakes, even their own. So I believe your stone contractor should have stopped when she noted that the cabinet could not be opened and asked for guidance. If her failure to stop increased damages then she should be partially responsible...

However, you then screwed yourself by taking out the cabinet and reworking it. While she might be partially responsible for the marginal damages she caused, if your solution was reworking the cabinet she had no marginal damages.

Example: Suppose you had to remove the stone, modify the stone, then relay the stone. It would be reasonable to assert that the costs of removing the stone and relaying the stone were damages she had a duty to avoid, but modifying the stone would not be a damage that she had a duty to avoid because it existed whether or not she stopped. In your case, she has no duty to pay for the modification of the cabinet because it was not caused by her failure to stop. It was caused by the cabinet being made incorrectly.
PRO
Jeffrey R. Grenz, General Contractor
6 years ago
The person in charge of the job is responsible. Doesn't look like the cabinet doors would have properly cleared the doors.