My question involves a consumer law issue in the State of: California
We have a home in California. We live 2700 miles away and hired a Licensed contractor to build a fence, install floors and a bunch of other remodeling work on our home. We had a agreement that he would do the work at an hourly rate verbally. All payments made were made to the name of the construction company
I traveled to California to pick out the floor product and paid for the material. The contractor picked up the product the next day and brought it to the house. After a few weeks he started the work on the floors. He did not put any underlayment down as it was stated by the sales person that it was not required.
Part way through the floor Job I received a call stating that the floor was not going in well and that it was loud when walking on it and shifted. We discussed what to do with one option to being gluing the floors down going forward. Also to contact the store where it was purchased. ( There was a back and forth of he said she said about the underlayment only) This resulted in a small refund for part of the materials.
The contractor continued to install the remaining flooring by gluing them down. it seemed to be ok for a short time ( 3 - 5 weeks while they did 60k worth of other work on the house).
After a visit to the house I raised concern about the floors but nothing was done as it was still not near the shape it is now.
Once the project finished and the home was empty and being showed, we kept getting comments about the floors and how loud the were and how it sounded sticky underneath. My realtor then went and took video and pictures of the floors so that I can see how bad it really was. Very! We reduced the price of the home to get it sold faster as construction took longer and the comments on the floors. I was in contact with the contractor trying to get him to go inspect the floors and the issue. I kept being put off.
We received an offer however they want the floors to be fixed. We accepted the offer thinking the contractor would stand by and fix them. He has not. He has refused to come look at them, he says he was just an hourly employee of me and that its all on me. I work in technology not construction and am 2700 miles away. The contractor made appointments to look at the floors but had various reasons why he did not make it. Then he told my realtor that he was not going to look at it and it was not his problem and he would call me and let me know. He never called me and is not in any contact with me.
We had the floors looked at and quoted to be replaced by another company for 7k plus. They also stated that the product that we had should have never been glued down and that any floor installer would and should know that.
Now I have to have a bunch more work done before the house closes in a few weeks costing a lot of money, we have lost other potential higher priced buyers due to the floors, I now have to travel there to coordinate the work, get new materials and pay for all of the work to be done.
How do I hold the original contractor accountable for not doing the job correctly and not backing his work? Also what is the best way to go about getting paid for the replacements, the labor, my time, travel and trouble?
I have read about some of the California laws but do not know what to do about it.