Dick and Jane did not inquire of Handyman if he had the necessary skills, experience or tools to do the job, or if he was licensed by the City. There was no discussion about even a work reference.
Refinishing wood floors and stripping kitchen cabinets requires both skills and experience, as well as the use of heavy machinery, power tools, etc. Without the necessary skills and experience, it was likely that Dick and Jane would get a botched job rather than a professional result. It is not work for a rookie or novice.
I granted Dick and Jane the sum of $2,500, the contract price.
I then said that in my opinion Dick and Jane are not entitled to recover the additional expense of re-doing the work from Handyman in this case.
I pointed out that if they got an additional $2,500 from Handyman, their apartment renovation would have cost them nothing.
I said, “That would not be fair, would it?”
Do you agree?