"Right, where can you buy a 250$ Resin birdbath, post a link please, I
bought 2 lounge chairs and 6 regular Resin chairs for 60 dollars last
month. Or is it gold plated. Id want to smash it to after paying 250.
wonder he was mad you probably started it with your 250$ BS. "
I agree with you. I can't believe everyone is cheering the OP on. The
contractor was likely wrong for allowing this to happen, but we've only
heard one side of the story. And from what I've heard, the contractor
made a very reasonable offer. The bird bath was damaged, not
destroyed. Yet, the contractor offered the full $250 that the
homeowner demanded to replace it, on the spot. What the hell does
this person want?
If you deal with the contractor's insurance company or sue in court,
you will only get the DEPRECIATED value of the birdbath. And unless
the birdbath is brand new, that sure isn't $250. If it's 3 years old,
you'd probably get $150. This is like totalling a 3 year old car. You
aren't awarded the original cost of the car, only it's value just
before the damage to put you back in the position you were in before
the damage. And a court isn't going to give you the present value of
the property and let you keep the damaged property too. That becomes
the property of the defendant. If you want to keep the damaged
property, then your award will be less.
The OP also apparently sat around and watched roofing debris be tossed
in their yard for some time, instead of simply walking over to talk to
the neighbor and/or contractor. I have a hard time taking the word of
someone who not only does this, but then asks for full replacement cost
of something with some scratchs or chips, is offered it on the spot,
but then refuses and wants exactly what? I'd still like to know the
answer to that question!