While the contract may exclude correcting the damage and the home owner would have been better off if it did include it...
A man's word is his word.
The home owner was told it would be repaired. Then he was told it would not.
You don't get far in business operating in that fashion.
I would bring it to small claims court. There may be no recovery of funds but it makes sense to annoy the contractor who undoubtedly has caused a major amount of annoyance.
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