Contractor Dilemma - Advice?

[Ericka G.]

Recently added a bathroom and closet to a rental property - work was mediocre (largely due to GC subcontracting out to someone shady) but everything got done and works - tenants move in this weekend. Here's the dilemma, I (stupidly) Ieft a family heirloom quilt hand-made by my great -grandmother draped on a chair in the living room and the workers decided to use it to clean up waste in bathroom install. I came in one day to find it sodden on floor of shower. The GC then took the quilt to get it washed. I paid for half of the job up front. They finished the last small touches last week and now want the remaining half. My quilt was returned to me in terrible shape - they CUT parts out that I guess were too badly stained. My mother has a conniption every time I mention this situation. This is something that cannot be fixed. So, while I see that they did the work, they also took and damaged something of mine that is irreplaceable. Would I be justified to deduct a portion of their payment in compensation for the destruction of my quilt? I'm leaning towards paying them since they did do the work BUT am curious how others have handled situations involving damage to personal property?

[Ritch Bonisa]

I think this is fairly simple.  A sub or a GC should not use any materials that aren't specified for the project.  The quilt was an item onsite that was not something related to the project.  Good sub, bad sub, none of that matters, it goes straight to the GC.  GC should have known what was onsite and should have given you the professional courtesy of setting the item aside or notifying you about its presence. 

Really none of that even matters.  It comes down to contract.  What are specifications for damages within your contract?  This solves it.  Definitely, the GC is responsible.  The question is "what is your contract language on damages and penalties. "  If you don't have something in your contract regarding damages, liability, and penalties, then you should add it to your contract immediately and it will be there for the next project.  

I feel for you, but I also think this is one of those times when you look at your contract as a living document that is always evolving.  This is how independent businesses get better and evolve.  It is sometimes very painful.  

In our hearts we all know the item should not have been left behind and the contractor is only partially responsible.  On the other hand  - rest assured everyone reading this thread feels very bad for you and your mom.  It is a sad story - sorry it happened to you.