I hired an unlicensed contractor three years ago to install my flooring and right now my flooring is wet and insurance won't cover because it was installed poorly by the unlicensed contractor. The unlicensed contractor was hired by the flooring company to do the work for my home. Can I sue the business and the contractor for this even though two years have passed? The contract only say 1 year warranty. Thanks.
They are not supposed to use unlicensed workers. It might be a class action?
Why is the flooring wet? Why is installation any concern of the adjuster?
This makes no sense.
You can sue on the contract, but there are missing puzzle pieces here.
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I assume your contract is with the flooring company. Even if there is just a one year warranty, you likely still have time to pursue an action against the flooring company, especially if they are the ones that hired the unlicensed contractor to the do the flooring work. You may also have additional remedies under the Business and Professions Code which harshly punishes unlicensed contractors. You should consult a construction attorney as soon as possible.
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The policy language in your homeowners insurance policy controls what your insurer is obligated to do in regards to the loss sustained. What language did the insurer site to in particular for the denial? Keep in mind that exclusions must be interpreted narrowly and coverage broadly in favor of the insured. Also, as for action against the flooring company and contractor, the statute of limitations for damage to property is 3 years from the date the property was damaged.
Contractors are generally responsible for their work for anywhere from 1 to 10 years from the date of completion. In your case, you would want to make sure to bring any claims no later than four years, and probably within three years to make sure you don't lose any potential claims due to the passage of time.
The one year warranty probably does not matter. You may have claims against the flooring company and the unlicensed installer, as well as claims against your insurance company.
You should immediately contact an attorney that handles construction claims. Time is limited so better to move now.
You can also file a complaint with the CSLB, but doing that will not help you with any statute of limitations issues that you might be facing.
All of my colleagues have provided good answers, but Ms. Straus is correct that there are missing pieces to the story here that could be determinative in how to proceed. The one sure thing is that you should consult with an attorney promptly to preserve any rights you may have and to determine how best to pursue them, assuming you do. Hope this is helpful.
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