A repair technician was hired to repair a microwave (MW), but instead he broke the oven attached to said MW, and then said that he cannot repair either appliance unless I make the back of both appliances accessible by making certain alteration that involve carpentry and possibly electrical work.
According to the contract, I am responsible to make the items being repaired accessible. However, I was not appraised that there were any access problems beforehand, and solving those problems is not worth repairing the MW. However now that he broke the oven I have no choice: the same access is necessary to fix the oven.
Given the choice between leaving MW dead or paying for the access I would leave the MW dead.
Given the choice between leaving both MW and oven dead or paying for the access I have no choice but to pay for the access.
Is the technician responsible for reimbursing for the work necessary to create the access?
His position is that I would have to pay for the access to repair MW anyway. My point is that if he didn't break the oven I wouldn't do that. In fact, I would be very happy at this point to have the things as they were before he showed up: the dead MW on top of functioning oven.
Which one of us is right? If I would sue him to restore the appliances to their pre-attempted-repair condition, would I prevail?