What to Know If You Want to Launch a Construction Lawsuit Against a Contractor
Apr 18, 2023
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After getting multiple quotes for a home improvement project and hiring a contractor to turn your dream into a reality, the last thing you want is to end up with a case of buyer’s remorse.But sometimes things don’t go as planned. So, what are your options if you're dissatisfied after a general contractor has completed work in your home? Depending on the situation, you may be able to file a construction lawsuit for compensation. It’s not as cut-and-dried as you might think, however, so talking to a good construction law attorney is in your best interests.
Keep reading to learn what you need to know about seeking legal action after a project goes wrong.
Negligence Claim
If you’re unhappy about the end results of a construction project, you’ll want to know if there’s grounds for a negligence claim. Most construction lawsuits have something to do with negligence. It’s essential that you talk to a construction law attorney to ensure that you have a case. The legal professional will determine whether the following can be proved:
- The contractor you hired owed you a duty of care.
- The contractor violated that duty of care.
- The violation caused property damage or physical injuries.
- The injuries resulted in financial damages.
When hiring a contractor, you want the professional to do quality work using quality products. A reputable contractor won’t try to cut corners by performing substandard work or by using inferior products. Products of poor quality won’t hold up, and this can adversely impact the reputation of contractors that use them.
But if the contractor performed substandard work or used sub-standard materials, that can qualify as a breach of duty. And if the violation of duty causes damage or injury, you may have grounds for a solid case. You can count on a construction law attorney to get to the bottom of the matter and advise you of your rights.
Product Defect
Another reason to launch a construction lawsuit is for product defects. If a home renovation project is jeopardized due to the use of defective products, you can sue the parties responsible for manufacturing the defective products.
Defects recognized by the law include defects in design, defects in manufacturing, and defects due to inadequate warning. You have to prove the following if you’re going to be successful with this type of construction lawsuit:
- A product was defective in some way.
- You used the product the way it was supposed to be used.
- You were hurt by the product.
- Your injury resulted in financial damages.
Breach of Contract
One reason you need to get everything in writing when you hire a contractor is that you’ll have proof of what was promised versus what was delivered. So, you can pursue legal action if the contractor doesn’t to live up to their end of the bargain. If the contractor breaches the contract and this failure causes damage, you can potentially file a construction law claim.
Again, you'll want to sit down with a construction law attorney to discuss the specifics of your case. It can be frustrating to spend your hard-earned money on a home renovation project -- only to have the contractor disappoint you.
But being disappointed isn’t in and of itself enough to file a successful construction lawsuit. A construction law attorney will consider the facts of your case, assess whether or not the contractor is at fault, give you an expert legal opinion, and represent you in your fight for compensatory damages if there are grounds for a case.
If a contractor's mistake results in property damage, personal injury that causes you to take time off work, and pain and suffering, you'll want help from an attorney who can help you get what you deserve.
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