How to Sue A Contractor for Bad Work

If you’re unhappy with the service your contractor provided, you may have legal recourse.

Here’s how to sue a contractor for bad work.

How to Sue A Contractor for Bad Work

When you are looking for a contractor to do some work for you, you probably look around and maybe talk to a few contractors before you decide to hire one. You feel good about your decision. And you are optimistic that the job will be done properly.

But things don’t always go as expected. There can be problems with substandard work, higher costs, and unfinished work. There can be delays, problems with permits, and unexpected issues that cause you headaches.

What happens when things go very wrong? How can you get the issues resolved? Should you just try talking to the contractor? And what if he doesn’t listen? What else can you do? Should you sue? And if so, how? Are there any other alternatives?

Also, is there any downside to suing you should be aware of? Bringing a lawsuit may not be the right decision for a couple of reasons.

Possible Reasons to Sue and Claims Against Contractors

There are many reasons you can file a legal claim against a contractor. If you signed a contract, he can be in breach of that contract. If the construction work is defective or if he was fraudulent in some way, there can be a case for suing. If he just stopped working and disappeared, you would probably have a good case.

In situations where there are construction defects, most states require a homeowner to give his or her contractor the opportunity to remedy the situation or fix the defects before filing a lawsuit. The homeowner can expect a reasonable level of workmanship quality from the contractor.

In situations where you, the homeowner, and the contractor agree to certain terms in a contract, the contractor must follow those terms. If not, a breach of contract occurs.

If the contractor intentionally misrepresents information regarding a project including the quality of materials used or property information, he can be found guilty of fraud.

If you decide to sue, you can do so in small claims court or in civil court, or you can go to alternative dispute resolution.

Suing in Small Claims Court

Before you start filing a lawsuit, you should gather all the information you can about the contractor and the work they were hired to perform. The contract you signed should include the work information. Other information includes invoices, receipts, and canceled checks associated with the work performed.

You also have to know the contractor’s legal name. It may be different from the individual name on the contract. The contractor should have an official business name registered with the state. You can find it in the business name directory on your state’s Secretary of State website.

You should also find out how much time you have to file the lawsuit. Different states have different statutes of limitations. You can find the deadlines by calling the small claims court clerk’s office.

You need to calculate the damages you are claiming because this will determine whether or not you can sue in small claims court. Different states have different requirements. In some states, claims courts will handle small claims up to $10,000. In other states, the number is $5,000 or less.

Most states require you to send a demand letter to the contractor informing him of what the issue is and giving him a chance to resolve it. You should attach whatever documents and photos you feel are appropriate. You should send the letter using certified mail with a receipt requested so you know when it was received.

You will need to get the small claims court paperwork for your state including instructions on how to complete and file all required forms. You will also need to pay the filing fee, typically $100, or ask the court clerk for a waiver based on low income or public assistance.

You will pay a small fee (unless waived as in above case) to have the contractor served, telling him you have filed a lawsuit against him and giving him the opportunity to respond.

The contractor will receive a summons to appear in court along with a copy of your claim, and you will be notified as to when this happens.

On the date of your hearing, appear in court and bring all documents and photos. If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default.

If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.

Suing in Civil Court

Filing a lawsuit in civil court is an option if you are looking for the contractor to do something as part of the contract. Usually, suing for money is done in small claims court. Civil court would be the right choice if, for example, your house failed inspection after the contractor’s work.

Since the civil court process is more complicated, you will want to hire an attorney to represent you. The attorney will be more familiar with the rules and procedures of the court. Seek a qualified and certified attorney experienced in the specific field of civil law.

You need to find the correct court in which to file. It will probably be in the county where the work was done unless the contractor is located in a different state or country. The court will be the lowest civil court level, possibly called a county court or district court.

You (or your attorney) will draft a complaint setting forth the facts of your case that states why you think the contractor violated state law. Court websites usually provide information on proper use of forms to file complaints.

File your complaint, and as in the small claims court process, let the contractor know about the lawsuit through a service of process. You may also have to file a copy of the documents with the state’s licensing board and possibly the company that holds the contractor’s bond.

The next step is to participate in the discovery process. This is the time when evidence is gathered and testimonies (depositions) are taken. Your attorney can be very helpful during this phase.

If there is still no agreement with your contractor, you will go to a formal trial. It would be a good idea to attend a trial or two to observe what happens and become better prepared for your own trial.

Arbitration possible, too

As a third way to handle disputes, sometimes, a contract contains information on arbitration. This excludes going to trial and tries to settle disputes out of court. Some states offer arbitration and mediation services free or at a reduced rate.

These services are usually available only if the contractor had a license in good standing when the contract began. You or your attorney should verify the contractor’s license status or contact the licensing board directly.

How to Avoid Legal Problems

There are several steps you can take to prevent legal problems with a contractor. Just like any interview process, it’s your responsibility to learn as much information about the contractor possible before making your final decision whether or not to hire him or her.

This is particularly important when working with a contractor offering any type of residential work. For example, here are several questions to ask your residential remodeler before moving forward.

These questions will provide you with the information needed to decide whether or not the contractor is the right professional for the job. If you skip this process, you may find yourself in a frustrating situation.

Conclusion

Now that you know how to sue a contractor for bad work, you can move forward with confidence and decide whether or not filing a claim is the best option.

If you need help finding a lawyer, contact the SFVBA Attorney Referral Service.