Movers damaged property when tenant moved in. Contractor messed up repair. Now what?

[Malachi P.]

As the title says, the moving company damaged some flooring when my tenant moved in. I hired the contractor for the repair because that seemed to be the best way to ensure things are repaired to my standards, and using the same material.

Turns out, the flooring manufacturing company discontinued the parts that were damaged, and replaced it with a similar, but different fitting part. Because of this, the contractor installed the new part incorrectly and it now needs to be redone (increased repair cost because additional material/labor hours are needed).

No one has paid anyone yet. Logically, the moving company pays the tenant, the tenant pays me, and I pay the contractor. But now that the contractor has also messed up, what happens?.. Should the increased cost go to the moving company as this is their fault to begin with? Estimate initially given to the movers was about $550, it will now be about $850.

[Greg M.]

Tenant is liable to you. Doesn't matter what movers are willing to pay. That is between tenant and movers.

If contractor installed the wrong part and messed up, they need to fix it at no additional cost. 

[Richard F.]

Aloha,

You should have let the mover's insurance handle the repair directly. Now, since it was your contractor, he will have to correct his own mistake. The mover's are not going to pay for the increased cost due to his mistake.

[Nathan Gesner]

This should have been handled between tenant and moving company. You hired the contractor, so I think it's your responsibility to get the contractor to correct it and hope the moving company accepts the second bill. The contractor should correct his work at no charge.

[Malachi P.]

Quote from @Nathan Gesner:

This should have been handled between tenant and moving company. You hired the contractor, so I think it's your responsibility to get the contractor to correct it and hope the moving company accepts the second bill. The contractor should correct his work at no charge.

In this scenario what would happen when they just install some random parts that don’t match, or use the cheapest materials/contractor they can find and it isn’t repaired up to my standards as the property owner? 

Would I take it out of the tenant’s deposit to fix it correctly?

[Eric Goldman]

getting anything from the moving companies insurance will be tough. more than likely they will pay you directly then use it. who hired the contractor? 

[Nathan Gesner]

Quote from @Malachi P.:

Why would you charge the Tenant? You hired the contractor, so it is your responsibility to communicate with the contractor and have the problem fixed correctly. Don't pay them until it's done properly. If they refuse, don't pay them and hire a different contractor to correct it, then pay them. Once the work is completed properly, pass the bill on to the Tenant and they can pay it or pass it on to the movers.

[Theresa Harris]

I agree with the others.  The installer messed up, they should fix their mistake for free.  The original bill for the repair goes to the tenants to deal with (ie they get the money from the movers).

[Malachi P.]

Quote from @Nathan Gesner:

Sorry, that's not what I mean. I meant in the scenario of the tenant and moving company handling the entire repair. If I had let them do that, what would happen if they "fix it" but not to my standards. Would I then take from the tenant's deposit to have it fixed properly at the end of the lease?

[Nathan Gesner]

Quote from @Malachi P.:

Q

Yes. If the Tenant, their guest, or invitee (this would include contractors) damages the home, the tenant is responsible for it. If tenant hires a contractor to repair and it's done wrong, tenant is still responsible and can still be charged.

[Jonathan R McLaughlin]

for your hypothetical, as a practical matter if the work was done in a "workmanlike manner" with nothing obviously wrong you wouldn't have much to stand on in court should it ever get there. Your standards aren't necessarily "the standard".