How to Sue a Contractor for Unfinished Work
How to sue a contractor for unfinished work can be a tricky situation to deal with, especially if you’re unsure what the steps are to take.
Read further for all the details.
Introduction
Building a new home or remodeling the one you’ve got, creating a new commercial space, or any other building project is always an exciting time. You work closely with professionals to have plans developed that will transform the space into the vision of your mind’s eye.
Unfortunately, though, this is not always the case. Sometimes things just go wrong. And when the contractor you are counting on to finish the project leaves it unfinished, well – you may be left wondering what your rights are and what next steps you can take.
Here’s how to sue a contractor for unfinished work.
Looking to Sue for Unfinished Contract Work?
If you are looking to sue your contractor for unfinished work, then there are a couple of things you are going to have to be able to prove. In other words – do you have proof that the contractor failed to finish the work as stated in the contract?
- Was the work listed in the contract completed by the contractor?
- Was the work completed, but done so poorly and well below standards?
- Was the work negligent? Did the contract do the work so poorly that it poses a risk or safety hazard?
To sue a contractor, you have to have proof. You cannot hire a contractor, sign a contract, and then just bring a lawsuit because you don’t like the outcome of the project. You must be able to prove that the contractor truly did not complete the work or did a job that is way below industry standards.
First things first — document everything. Take pictures, records of details discussed, keep copies of emails/text messages/call logs, and so on.
If you aren’t sure whether or not you have a case or you would like a more objective opinion on the matter, it is a good idea to consult with an experienced lawyer. He or she will be able to review the contract and compare it with the work that was or was not done — and let you know whether or not you should consider moving forward with a lawsuit.
Try These Steps First
Nobody wants to deal with the formality of court cases and hearing dates. While it may be the only step you have left, you should always be sure to exhaust all your efforts first. You may be surprised to learn that simple communication errors are the cause of a job left undone.
Try talking with your contractor. Set up a meeting to discuss the contract, the work, and what you feel is unfinished. Be direct, calm, and unaccusing. Pointing fingers and arguing is not going to accomplish much of anything. Maybe by working together in this way you two can come up with a solution that will keep the situation out of the court system.
A couple of other things you can do is to look into their bond. If your contractor was licensed and bonded, you can file a licensing complaint that goes against their bond. This could help you get monies that you paid the contractor refunded. Of course, you will need to have proof.
File a complaint with the California Contractors State Licence Board (CSLB). They will investigate your complaint. And although they cannot force the contractor to make things right, they can fine the contractor or refer your complaint to the office of the district attorney.
Or, contact the Better Business Bureau. Sometimes simply filing a complaint will prompt the contractor to address the situation.
But, if none of these attempts work to rectify the problem, things still feel left unresolved, or the contractor fails to communicate, then perhaps filing a lawsuit is the next best step.
Suing Your Contractor in Small Claims Court
You can sue your contractor in Small Claims Court for up to $10,000 in California. For seeking any amounts greater than this, you may want to consult an attorney regarding the appropriate legal steps.
Below is a general overview of steps to file a small claims lawsuit against your contractor:
- File the lawsuit with the appropriate court. You will prepare the complaint to be filed stating the specifics of the case. Upon filing, a summons will be issued.
- Serve the summons on the contractor. This advises the contractor that the lawsuit has been filed and notification of any hearing dates or actions that need to be taken.
- Attend the initial hearing. Make sure you are prepared to discuss why you are suing and offer your proof. The judge will give each of you time to talk/respond. And the whole thing typically lasts about 15 minutes.
Most often, the judge will mail a decision to you. If the contractor does not show, you may be entitled to further action. Your attorney can discuss this in more detail.
Hire an Attorney
Hiring an experienced attorney is one of the best steps you can take when it comes to suing a contractor for unfinished work. You never know just how complex the case may get – especially if the contractor hires a lawyer, too.
An attorney will help you navigate through the legal process, handle all communication between you and the contractor, as well as appear on your behalf in court. Attorneys have the knowledge and skills to be able to ensure you get the best possible outcome from the lawsuit.
Sometimes this could be getting the contractor to refund the money you paid, seeing that the work is done right, or reaching a suitable settlement. There are many ways your lawsuit can go and your attorney can drive it in the direction that will allow you the most compensation.
Conclusion
When a contractor leaves your work unfinished, it can feel as though your dreams are crushed. You had high hopes for a job that you hired a professional to handle. And they let you down. While you never want to slander a contractor’s name – if you have taken steps to resolve the situation to no avail, then it may be time to sue the contractor for unfinished work.
Hire an attorney. Determine your best course of action. And reach the outcome you deserve.
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