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Tile backsplash damaged during countertop tearout

27 days ago
last modified: 27 days ago

We had a stone company come and tear out our existing corian countertops with splash to install new quartz countertops. In the process, they cracked our tile backsplash (that we planned to keep with new counters) 6 inches high in a couple areas and also a couple inches high. They refuse to accept liability for the damage that requires the sheetrock to be torn out and replaced and tile redone. They continue to claim their scope of work does not cover the damages:

"SCOPE OF WORK: (blank) is a specialty counter-top manufacturer and installer. Our licensing and insurance do not allow us to do work outside our trade. PLUMBING, CARPENTRY, ELECTRICAL, PAINTING AND SHEETROCK should be done by an appropriate licensed trade."

We did not sign a damage waiver nor was one given to us. We reduced our final bill payment by the amount of damage that we had to hire someone else to fix. They are now threatening filing a lien on property, filing a civil claim or turning our account over to a collection agency. We have documentation, correspondence and pictures of the damage. Is it even worth going to small claims court or be out $3K in damages? I feel like we have a valid case but am concerned there is some other information they can use against us even though they have been highly unprofessional and caused damage.

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