Skip to main content

Can I withhold payment to a contractor to cover my deductible for damage the contractor caused? (California)

San Diego, CA |
Filed under: Residential property

I had a tree trimmer remove three trees on my property. In the process of removing one of them, they dropped a piece on my garage causing approx $2,500 in damage. My insurance company has paid to repair the damage (they wrote me a check) minus my deductible of $1000. I owe $1248 for the job, can I pay the company $248 to cover the difference?

Attorney Answers 2


Yes. Actually, you could bring an action against the trimmers for the entire damage, but then you would have to turn over all but $1000 to the insurance company.

Mark as helpful

2 lawyers agree


Yes. Before you withhold anything, contact the tree trimming company, explain what you are doing, and try and get them to agree. If they won't agree, then send them a letter explaining the deduction with a check for the balance. That might not stop them from suing you, but will help set up a good defense.

Mark as helpful

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics