What Kind of Lawyer Do I Need to Sue a Contractor?
If you’ve ever had a bad experience with a contractor, you know just how stressful it can be. It’s not all that uncommon for contractors to abandon projects, leaving homeowners with incomplete projects and behind schedule or over budget.
In this article, we’re taking a look at the question – what kind of lawyer do I need to sue a contractor?
What Kind of Lawyer Do I Need to Sue a Contractor?
By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might charge $25,000 to totally renovate a home over the course of six months.
While the “contract” involved should always lay out the rules for this exchange in writing, both verbal and written contracts are valid and legally binding in California. What this means is that, should a contractor fail to follow through on the agreement in some way, you have the right to sue them for compensation.
We’ll explain when you might want to do this, which processes you need to follow, and what type of lawyer you might need in this guide.
So, what kind of lawyer do you need to sue a contractor anyway?
Common Reasons to Sue a Contractor
Every case is unique. Still, some motivations are more common than others, especially where contract work is concerned. This is because most contractual law involves the same assumed rights and responsibilities.
The most common scenarios involve a contractor who:
- Fails to complete a job at all
- Fails to complete a job by a deadline
- Violates code (building, housing, etc)
- Violates safety laws on the job site
- Engages in outright fraud or deception
- Significantly overcharges a naive client
- Begins taking on “extra fees” for included work
- Behaves in an inappropriate manner (harassing the client)
These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.
On the other hand, not every issue is a good reason to sue. A contractor who repeatedly asks for more time because the job turns out to be more complex than originally assumed isn’t necessarily at fault as long as they can justify the extension.
Categorizing Contractual Legal Claims
If you believe you have good reason to sue a contractor, the next step in the process is to decide which legal claim applies to your case. We’ll use a hypothetical example of a home renovation contractor here to illustrate this concept. However, please note that the exact details of your case, and the type of contractor involved, may make any of these legal claims more or less appropriate for your situation.
Breach of Contract
A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.
Breach of contract claims may include:
- Minor Breach – The contractor fails to deliver on a specific area of the contract, yet still manages to follow through on other promises. For example, a contractor might successfully complete a project but miss a deadline.
- Material Breach – The contractor fails to meet so many of the included terms that it essentially renders the contract invalid. For example, a contractor might complete the work so incompetently that it doesn’t adhere to code.
- Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.
- Anticipatory Breach – The contractor lets the client know they cannot fulfill the contract in advance. For example, a contractor might become ill and realize they won’t be able to finish their work on time. Anticipatory Breach is special in that the courts generally only ask that the contractor refund the client and/or refund enough of the balance paid that they can hire someone else.
Fraud
Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:
- False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations.
- Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely.
- False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.
Defective Work
Defective work is any work that puts the home, the project, the homeowner, or the people who enjoy the results at risk in some way. This may lower the home’s overall value, put the client’s life at risk, or even create an environment that encourages dangerous accidents and/or structural failures.
Examples include:
- Obvious safety risks, such as uneven flooring that causes someone to trip and become injured. This may also justify a personal injury claim.
- Code violations, including both local and state codes. These must be adhered to at all times – anything less is breaking the law.
- Permit violations, such as missing a permit to build an addition onto a house. This, too, is a violation of the law that can leave the homeowner facing fines.
- Design flaws, such as when a custom project isn’t stable or lacks structural integrity. This is true even if the design originates with the homeowner.
- Environmental hazards, such as when a contractor agrees to build a cabin on a cliff knowing full well the cliff is rapidly eroding. This does not generally include unintended/unknown consequences that occur by surprise.
- Defective materials, such as when a contractor uses illegal Chinese drywall, which gives off toxic volatile gasses, to build a home. This obviously causes a significant safety risk.
Do I Really Need a Lawyer?
Yes. It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.
Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth. Even though you must self-represent, a lawyer can help you strategize and choose the right path forward before your day in court.
What Kind of Lawyer Do I Need to Sue a Contractor?
The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.
There may be differences in the type of lawyer you need depending on the type of contractor you enter into an agreement with. For example, if you contract a real estate agent to sell your home, a business lawyer may not be adequate; you might need a real estate attorney instead. On the other hand, if you are a business contracting with another business for services, it may be better to work with a commercial contract lawyer instead.
The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service. Licensed and monitored by the California Bar, these organizations serve the public by maintaining a vetted and approved database of qualified lawyers with a proven record of success.
Are you in search for a certified attorney to represent you?
Let us help you find one today!