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.
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.
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.
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.
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.
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 ...
If the amount in dispute is simply too much to walk away from, however, then litigation might be the best option. There are a number of legal causes of action that you might be able to assert against the seller, seller's agent, or home inspector: failure to disclose a defect (according to your state's statute)
Ordinarily, only home defects that are material and that the buyer didn't know about, but which the seller did at the time of sale, will allow a buyer to recover from the seller. That means, of course, that most defects you might find within a home will not make the seller legally liable to you.
Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.
There could be situations where not even the seller knew about the defect. If, for example, an underground septic tank or sewage line was leaking, and the seller knew nothing about it (and therefore did not disclose it to you), you cannot sue over it.
If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.
Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.
Hopefully, you got a home inspection before buying your home. Usually, home inspectors provide a full evaluation of the home's condition prior to closing. In theory, the inspector should have spotted problems that the seller perhaps never knew.
The goal is to find the person responsible for the defect in your property . After you determine who is responsible, you can bring a legal claim. These usually involve: Negligence. Breach of contract. Breach of warranty. Strict liability. (In some cases) fraud or negligent misrepresentation.
For example, if a developer doesn't have the proper degree or license to do their job correctly, but a company hires them anyway and puts them on a job, the company can be held negligent for damage the developer causes. The duty of care is extended to anyone who could be hurt by the construction defect.
The " implied warranty of habitability " puts strict liability, or responsibility, on the general contractor. In a strict liability case, the property owner does not have to prove the general contractor or developer was negligent in the construction of the new home.
An example is a warranty saying a washing machine will work for five years. If the washer breaks after three years, then the company needs to uphold their warranty. Often, this means replacing the broken item for free.
If the builder made an effort to complete the contract, but didn't meet all requirements, the court will consider the contract complete. But the homeowner will not be required to pay the full contract price.
Home construction defects are problems or mistakes you find in the work done on your home, including issues with the workmanship, design, materials, engineering, and more. The typical construction defect case is based on contracts between: The homeowner and developer. The homeowner and the contractor or subcontractors.
Owning a home is a big responsibility. There are always ongoing maintenance concerns and high costs. The last thing you need to worry about is a construction defect caused by someone else's mistake. If you believe a defect in your home is the result of someone's carelessness, you may want to file a claim.
If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.
If the contractor intentionally misrepresents information regarding a project including the quality of materials used or property information, he can be found guilty of fraud. If you decide to sue, you can do so in small claims court or in civil court, or you can go to alternative dispute resolution.
You will also need to pay the filing fee, typically $100, or ask the court clerk for a waiver based on low income or public assistance.
The contractor will receive a summons to appear in court along with a copy of your claim, and you will be notified as to when this happens. On the date of your hearing, appear in court and bring all documents and photos. If you fail to show up, your claim will be dismissed.
In some states, claims courts will handle small claims up to $10,000. In other states, the number is $5,000 or less. Most states require you to send a demand letter to the contractor informing him of what the issue is and giving him a chance to resolve it.
If you signed a contract, he can be in breach of that contract. If the construction work is defective or if he was fraudulent in some way, there can be a case for suing. If he just stopped working and disappeared, you would probably have a good case. In situations where there are construction defects, most states require a homeowner to give his ...
You can find the deadlines by calling the small claims court clerk’s office. You need to calculate the damages you are claiming because this will determine whether or not you can sue in small claims court. Different states have different requirements. In some states, claims courts will handle small claims up to $10,000.
If you were renting this condo, you would have claims for the breach of warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and related actions. You may have claims against both your landlord and the HOA. A full consultation would be necessary to properly advise you.
Only a tiny handful of lawyers would want to get involved with this, so try a toxic torts type lawyer in your state. Avvo has the best lawyer finder tool to locate an attorney nearby.
Most any lawyer experienced in civil litigation can help. There are some plaintiff's attorney's that specialize in an area of law called, "Toxic Torts." They will be harder to find, but if you do a google search, you should be able to find some. When looking, do not limit your search to La Verne, but to all of LA County.
Consequences When Home Sellers Don't Disclose. A seller who doesn't disclose known defects can be sued by the buyer after the defect is discovered. This lawsuit may be based either on the state law requiring disclosure or, particularly if the state has no such law, based on fraud.
paying extra, "punitive" damages to punish your failure to disclose defects (usually only mandated if your act amounted to fraud). Don't make your home sale any more challenging than it needs to be. Your accurate and honest disclosure now will save you headaches later.
If a buyer knows about a problem and goes ahead with the deal, you're not liable for future problems. Providing disclosures doesn't mean you're giving a buyer guarantees about your home. You must give truthful information about defects you know about or should have known about but were perhaps ignoring.
Yet disclosure actually serves to protect both sides of a home-purchase transaction. If, after all, there's a problem with your home that the buyer wasn't told about, the buyer could get angry and try to sue you after the closing.
If you're a home seller, you may view disclosure as a burden. It typically involves filling out a lengthy form and remembering little details about your property that you long ago learned to live with.
If you can't reach a settlement, you'll be faced with all the expense and hassle of going to court. If a court decides in favor of the buyer, you may be responsible for: paying for repairs and other damages resulting from the undisclosed defect. paying for the buyer's attorney fees and costs of the lawsuit.
Disclosure laws and forms typically cover these major home systems and conditions: plumbing and sewage issues. water leakage of any type, including in basements and around windows. termites or other insect, pest, mold, or rot infestations. roof defects. heating or air conditioning system issues.
Please find a real estate lawyer and bring all your paperwork. The Middletown area has some decent practitioners. It may be helpful to call a lawyer in general practice. . .this is not an uncommon problem. Try the AVVO Find a Lawyer Tab. Good luck.
You need to talk to an attorney who knows RESPA, the Real Estate Settlement Procedures Act. As of January 2014, there are new regulations that are designed to prevent you from getting the runaround about loss mitigation and having to reapply multiple times.
The CFPB was created in theory to protect the consumer and they want your complaint about your lender. Ensure you have filed your complaints with specificity here: http://www.consumerfinance.gov/complaint/ Keep in mind, they will gather those and potentially investigate the lender, but they aren't going to solve every situation.
Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.
One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...
The majority of states also have regulations (known as “garage keeper liability laws”) that protect both the vehicle and the items that are attached to the vehicle. For instance, a mechanic may be held liable if a vehicle’s tires, stereo system, or other car parts are stolen.
An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.
The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.
Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.
On the other hand, if a mechanic took all the necessary reasonable steps to ensure that the vehicle would be safe, then they cannot be held liable for theft of the vehicle or any other related losses. However, some repair shops do have insurance coverage that can help an owner to recover some of the costs.