Should You Sue Your Contractor?
When things do not go well during a residential or business construction project, the emotional and financial strain can truly be overwhelming. If your disputes with the builder or subcontractor cannot be resolved amicably, you may need the help of an attorney.
You should have an iron-clad contract before you begin any construction project. If you feel the contractor is not fulfilling this contract, you should first discuss, in detail, your dissatisfaction. Do whatever you can to come to an agreement because taking them to court can be a long and costly project. If you simply cannot reach an agreement, you need to start building a case.
You need to document each and every time your contractor violates your contract. They may miss deadlines, do unacceptable work, or use the wrong materials. In every instance, gather evidence of these breaches, taking pictures and logging times. When you consult with a lawyer, you want proof that you have a strong case. You also need to show that you've kept your part of the bargain. Photocopies of checks and copies of any emails or other communication are excellent proof for an attorney.
Some contracts mandate mediation if a conflict arises between you and your contractor. You may also be able to use private mediation if you both are willing to do so. However, both parties have to desire a resolution. If the other party is not willing to compromise, you do need to see a lawyer.
An attorney who is skilled in this area of the law may advise you to sue if they believe you have a strong case for breach of contract and if the contractor has clear assets. If your contractor is in financial trouble, your attorney may advise that you not go to the trouble. If you receive a judgment that cannot be collected, all you have done is waste time and money. However, if your contractor does run a successful business and you can prove you have suffered damages, you may be able to recover your financial losses.
Building a new home or business means relying on a contractor or contractors. If you run into problems with one of yours, the results can be devastating for you. Only work with established companies with a history of good business dealings. Then, keep the lines of communication open between you. If you find yourself in a difficult position, hire an attorney like those at Strauss Troy to protect your interests.