Undertaking a project in your home is often a big decision which comes with a lot of financial burdens. One of the bigger decisions which you may encounter in your project is choosing a home improvement contractor to perform the work. While many times there may be no issues once you have chosen and started work on your property, there are situations which arise which may leave you wondering whether you have any rights or remedies under law for the issues you are dealing with.
If you have been having a difficult time with a contractor and feel that you have suffered damage from their work, one option may be to bring a lawsuit to sue the contractor for breach of contract.
In order to sue your contractor for breach of contract, you, as the plaintiff, must prove four basic elements. First, the burden will be upon you to prove that there was a valid contract in place. You will also need to prove the terms of that contract. If you do not have a written contract and there is only a verbal agreement, this will be an extremely difficult task.
The second element that you will need to prove is that you performed all your obligations under the contract. In the alternative, you will need to prove that you were excused from performance because of the conduct of the contractor. You, as a homeowner, can generally prove this element by establishing that you have made all the required payments. If you have not made all the required payments, you may possibly be exposed to a claim by the contractor for those payments.
The third element that you will need to prove is that the contractor breached or violated the terms of the contract. Many times, this can be shown through documents, emails, and photographs.
Finally, you will need to prove that you suffered damages as a result of the breach of contract. In many cases, your damages will be the cost to repair the work that does not meet the standards of the construction industry or the cost of finishing the project. Many times, you will need either an expert or other licensed home improvement contractor to provide you with this cost estimate.
If you are having issues with your contractor, please consult with an attorney who is familiar and experienced with homeowner construction to advise you on your legal rights and offer you alternatives to protect those rights.
DISCLAIMER: This and other segments posted on this website are offered for informational and discussion purposes only and is not offered as legal advice. This office only represents homeowners and property owners. We do not represent insurance companies. The information contained in this segment should not be considered to be legal advice.
