Suing a Contractor for Poor Workmanship: Is This Possible?

Are you unhappy with the results that came from hiring a contractor? If so, you have options and the ability to take serious action like suing a contractor for poor workmanship. But what’s the process and the important details to know first?

Read all about it here.

Introduction

Maybe you had a remodel project done at your business. Or maybe you decided that renovating the kitchen in your home sounded like a wonderful idea. Whatever your project idea, when it comes to construction, you likely had to hire a contractor.

Contractors bring confidence. Think about it – you could have easily gone with the handyman down the street or even your uncle Bob. But you chose a contractor. Why? So that you could have the confidence that your project would be completed properly and timely.

Unfortunately, though, things don’t always go as planned. If you find yourself here, then you have probably had a negative experience with a contractor you hired. Did the job turn out differently than was expected? Was the professional quality lacking? If so, what are your options? Can you sue a contractor for poor workmanship?

A Contractor’s Role

We know that hiring a contractor is equivalent to hiring a professional in the field of construction projects. We also know that they will provide a contract for us to sign, ensuring that we have all the details of the job itself, the obligations of both parties, and what is to be expected. But what exactly is the role of a contractor? What should you expect to receive when you hire one?

Contractors are licensed and insured. Unlike that handyman down the street (or your Uncle Bob), a contractor is obligated to be both licensed and hold a policy for liability insurance to protect you and everything about the project.

The license shows that they have proven they have the proper training to do the job and that they took the time to obtain the proper documents to do things the right way. As for the insurance, it works to protect from any bodily injury or property damage that may occur on the job site.

Contractors understand inspections and permits. When you start a new project, certain requirements must be met at the local and state level. Contractors know what these are and know how to pull permits and schedule inspections as needed, allowing you to rest easy knowing your project will be up to code.

Contractors follow a process. There are many ways to complete construction projects, some right, some not-so-right. Your contractor will see that the project moves forward systematically. This allows the job at hand to be completed properly and on time.

Contractors handle obstacles. Throughout the process, the contractor will handle any obstacles that arise and communicate with you, keeping you up to date as to the status of the renovation/remodel up until the day of completion.

A Contractor’s Job Not Well Done

Contractors handle some pretty big renovation jobs – meaning there are a lot of ways in which things can go wrong.

Breach of contract. The contract you signed at the project’s commencement should have spilled out all the details of the project. It should contain the detailed plans of the project, the timeframe for milestones and completion, agreed-upon payment schedules, license, and insurance information, a physical address and contact information for the contractor, and warranty information for the overall project. Any breach of this contract can lead to trouble – and may mean you are in the position to sue.

Defective workmanship. Sometimes a project – or a portion of the project – may not appear as discussed. Maybe there are some simple defects or maybe it was not given the attention needed. Communicating your concerns with your contractor is the best place to start. However, if he or she does not agree to correct the work, you may want to seek assistance from the court.

Fraudulent behavior. There are times when a contractor may, for instance, state that a certain high-quality product will be used in the renovation and discreetly use a cheaper option without telling you. Or misrepresent information intentionally that can affect the overall outcome of the project – and its level of quality. This fraudulent behavior can provide you with a case for the courts to decide.

Incomplete project. If you sign a contract and pay for work to be done, then you expect that work to be completed. A contractor who walks away from a job or does not complete it according to the contract can be found in breach of contract – and, as a result, may become the defendant of a lawsuit.

Suing Your Contractor

Suing your contractor means filing a civil lawsuit– either small claims or civil court. Choosing between each court is based on the number of damages sought. For instance, in California, an individual can file a case against a contractor in small claims court if the damages do not exceed $7,500.00. Otherwise, the civil court will work best.

You will need to have documented proof of the poor workmanship you are claiming, as well as the signed contract, the contact information for the contractor, and any other information you think may help prove your case.

Keep in mind that arbitration is also an option – avoiding a trial – but should only be used in certain circumstances. Reviewing your case with an attorney can help you determine the best course of action so that you may get the justice you deserve.

Hire an Attorney Before You Need One

If you want to avoid legal problems altogether, of course, you may want to consider hiring a lawyer from the very start. Remember that contract you signed with the contractor? Your lawyer could review that contract before work ever commenced to make sure that the document is satisfactory with you in mind.

Though, if you signed the contract and find yourself in a bit of a mess with a contractor who gave you poor workmanship, an attorney can still step in and represent your best interests. He or she will review your situation and determine whether you have a case – and proceed with filing a lawsuit.

Going through a large construction project, whether at your home or office, can be a disruption in life. Don’t let a contractor’s mediocre results get the best of you.