Jayson Elliott
Jayson Elliott, Esq.Bay Legal PC · Palo Alto, CA
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California Construction Law

My Contractor Damaged My Property — What Are My Rights?

A contractor who damages your home during a project is liable under California negligence law. Multiple recovery paths exist depending on the contractor's insurance status.

Legal Information — Not Legal Advice: This page provides general information about California law. Consult a licensed attorney for advice about your specific situation.

Document the Damage Immediately

Before any cleanup or temporary repairs, document the damage with extensive photographs and video. Date-stamp every image. Preserve the damaged materials rather than discarding them — they may be needed as evidence. Get independent contractor estimates for the repair cost before agreeing to any repairs the original contractor offers to make.

Do Not Let the Contractor Immediately Fix Damage They Caused

Only allow the contractor to make repairs after: documenting the damage thoroughly, getting an independent estimate, and getting the contractor's repair commitment in writing including a deadline. If repairs are inadequate, having independent documentation of the original damage is critical.

Recovery Through the Contractor's Liability Insurance

Licensed contractors in California are required to carry general liability insurance. Property damage they cause is typically covered by this insurance. Ask for their insurance carrier name and policy number and file a claim directly. If the contractor refuses to provide insurance information, this is a CSLB violation.

Recovery Through the Contractor's Bond

The contractor's $25,000 surety bond provides an additional recovery avenue. See our complete bond claim guide.

Civil Lawsuit for Property Damage

If insurance and bond recovery are insufficient, a civil lawsuit for negligence allows recovery of the full cost of repair plus consequential damages including temporary housing, loss of use, and personal property damage.

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