The Gomez family contracted Creative Landscape to renovate their backyard entertaining area. Unbeknownst to the Gomezes’, Creative Landscape hired Bob, a subcontractor to perform the demolition and debris removal portion of the job. In the process of breaking and removing old concrete from the yard, Bob hit a water pipe that flooded the yard and part of the baseman. The Gomezes’ sued Creative Landscape for the damages, but Creative Landscape claims that Bob, as subcontractor, should be solely responsible for the damages.
Based on these facts how is a court likely to rule:
A. Bob is solely liable for the damages; his negligence caused the yard and baseman to flood.B. Creative Landscape remains liable for the damages because a delegation of duties does not excuse the original party of a contract of his obligations.C. Neither Creative Landscape nor Bob are liable; the Gomezes’ had a duty to know who was performing the job at their property and supervise it.D. The Gomezes’ homeowner’s insurance would have to cover damages sustained by the flood.
