I am actually licensed to practice in both California and England and Wales. I will tell you that this question is very convoluted. Where is what I surmise:
1) You are a contractor
2) You hired a sub-contractor
3) Sub-contractor's work was sub-par and caused damages
4) You have agreement with sub-contractor for indemnity.
Assuming all of the above is correct, under the lawe you are responsible for any damages that occur; HOWEVER, you will be able to successfully sue the sub-contractor for your loss due to the indemnity. Unfortunately, in Small Claims, there is no way to bring the sub-contractor into the suit at this stage. You would likterally need to bring a seperate suit.
If you have further question, be sure to speak with a lawyer that knows about Small Claims.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.
A roundup of the best tips and legal advice.