what kind of lawyer do i need to sue my builder

Full Answer

What kind of lawyer do I need to sue a contractor?

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.

Can you sue a builder for not completing work?

Lawsuits against a home builder/developer during construction occur when the builder/developer breaches the contract terms. If there are repairs or work that has not been completed, you may be able to hold back payment if your contract terms provide for this remedy.

What kind of lawyer do I need to file a lawsuit?

A general litigation lawyer should suffice as along he/she is knowledgeable in Consumer Fraud's/Contract and treble damages. The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers.

What is the process for suing a builder?

The first step is for you to meet with an attorney to discuss what happened. She or he may then advise you to file a claim or suit against your builder. The next phase of the process involves fact-finding. Sometimes it's referred to as discovery.

Can I sue my home builder in Texas?

Texas. If your home has sustained damage as a result of subpar workmanship, Texas law allows you to file a lawsuit to hold the negligent contractor or home builder accountable.

How do I file a complaint against a home builder in Texas?

The Office of the Attorney General and Legal Assistance Homeowners with unresolved complaints may contact the Office of the Attorney General. The Attorney General's Consumer Complaint Division has a process to submit complaints. The consumer protection hotline number is (800) 621-0508.

What recourse do I have against a home builder in Michigan?

To file a complaint against a licensed residential builder, which must be made within 18 months after completion, occupancy, or purchase of the residential structure, whichever occurs later, a homeowner must contact the department and obtain a complaint package.

How long is a builder liable for his work in Texas?

One year of coverage on all workmanship and exterior materials, for example, such as siding, stucco, doors, trim, drywall, paint. Two years of coverage on windows, heating, ventilation, air conditioning, plumbing, and electrical systems. Ten years is the standard of coverage in Texas for major structural defects.

How do I take legal action against a builder?

How to Handle Disputes with BuildersGive Them a Chance to Put Things Right. In dispute resolution, communication is always key to avoiding a lengthy and costly court case for both parties. ... Speak to Another Expert. ... Document Everything. ... Make an Official Complaint. ... Consider How You Paid. ... Go to Court.

Can I sue my builder personally?

Generally, people instruct builders to carry out specialist works. It is therefore unsurprising that legal protections exist to give you the right to pursue construction professionals when things do not go quite as expected. You may be able to sue your builder for breach of contract and/or professional negligence.

How do I file a complaint against a builder in Michigan?

Complaints to the Bureau must be made in writing by one of the following methods:Statement of Complaint.Statement of Complaint Form - BUILDERS ONLY.Builder Course Complaint Form.E-mail to: LARA-BCC-Compliance@Michigan.gov.Letter mailed to: Mailing Address or Overnight Packages Only.

How long does a builder have to warranty a house in Michigan?

In Michigan, the statute is 10 years so our Michigan Customized State Warranty includes a 10-year term for structural coverage.

How long does a contractor have to warranty his work in Michigan?

This one-year correction period has become known in the construction industry as a “one-year warranty.” Both owners and contractors point to this provision as a contractual limit on the contractor's obligation to correct defective work discovered more than one year after completion of the construction.

What is a builder's guarantee?

Builders Warranty also referred to as Domestic Builders Insurance protects the home owner if the Builder lose their deposit, don't finish the job or it's defective, and the builder dies, disappear or become bankrupt.

Do builders guarantee their work?

A building guarantee or insurance backed guarantee is something those within a competent person scheme (CPS) should look to offer. Designed to give your customers peace of mind, a building guarantee assures them they're protected if your company ceases to trade for one of the eligible reasons.

What is poor workmanship in construction?

Poor workmanship typically arises when a contractor fails to follow industry quality standard practices, construction documents, or the installation instructions from the manufacturer. When proper protocol is not followed, this can result in unfinished or defective work, both of which are signs of poor workmanship.

Kevin M. Veler

Generally you want a construction attorney but there will be some work involved in determining what the issues are and what is needed to correct as well as retaining experts. You also have hopefully complied with any warranty requirements.

Christian K. Lassen II

Construction law. We can't recommend specific lawyers in this forum, but you can use the lawyer finder tool to locate one close to your home. More

Scott Benjamin Riddle

It is a construction litigation case, but given the scope a good general litigation lawyer can also help you. At some point, however, you need to get the damage fixed by someone else (check reviews and references, of course) and go after the original builder for the expense.

What is contracting 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 ...

What is fraudulent bill padding?

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.

What is the first step in contract law?

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.

Is a contract written in California binding?

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.

Is contract fraud common?

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:

Is it wise to make assumptions about your case?

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.

Is stealing an item from a client's home a chargeable offense?

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.

What is the statute of limitations for a builder?

The statute of limitations is the time in which you legally have to make a claim against the builder/developer. Suits for damages need to be brought within reasonable time limits. There are a couple factors that determine when the statute of limitation starts running, such as when you discovered the defect and suffered damages and whether you knew that an injury might occur as a result. Other factors to consider are whether the builder has made repairs since you owned the home. These matters are complicated and should be discussed with your attorney.

What to do if you have a construction defect?

It is recommended that you speak with a construction defect attorney to find out your legal remedies and rights. The attorney can help you determine who may be negligent in causing the defect, file a lawsuit on your behalf against the negligent party and defend you in court.

Can you recover damages from a construction defect?

You may be able to recover reasonable costs to repair the defect, attorney's fees and other damages. It is possible that you may also be able to recover damages from other parties involved in the construction such as subcontractors and architects.

What is a fraud claim against a contractor?

the contractor made a misrepresentation as to a material fact ( that is, a false statement as to an “important” fact); 2. the contractor knew its representation was false or the contractor should have known its statement was false; ...

What is a contractor violating a consumer protection act?

Consumer Protection Act Violation (ch. 93A): A contractor violates Ch. 93A by engaging in unfair or deceptive business practices (for example, fraud.) When a contractor is found to have violated Ch. 93A, thay may potentially be liable to the property owner for double or treble (triple) damages plus attorneys fees.

Can a builder sue a contractor?

ANSWER: Property owners can sue a builder/contractor for fraudulent or deceitful practices to collect damages suffered using one or more of the following theories of liability (this list is not exhaustive): 1. Breach of Contract. 2. Fraud or deceit. 3.

Why do contractors file lawsuits?

Some other causes for lawsuits against contractors include: The contractor completes the job but unsatisfactorily; The contractor completes the job but the work violates safety standards; The contractor took advantage of the homeowner, such as by accepting a deposit or payment but then failing to complete the agreed upon work; or. ...

What is a breach of contract lawsuit?

The most common are: Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract.

What is contract fraud?

Fraud Claim: contract fraud occurs when one party knowingly makes a false claim, intending to trick or deceive the other party into signing the contract. A homeowner may sue a contractor for fraud if they told the homeowner that the completed project would look one way, but the result is vastly different.

What is a contract for a contractor?

When hiring a contractor, such as for home repairs, most homeowners and contractors sign a legal contract that specifies the terms of the arrangement. This includes the work that is to be completed, the amount that is to be paid for the work completed, and a time frame that sets a deadline for the when is to be completed.

Can you sue a contractor for breach of contract?

As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.

Can you sue a contractor without a written contract?

The reason that you can still sue a contractor without a written contract is because you may argue that an implied or oral contract was formed. For example, if you hire a contractor to paint your whole house, but they only paint 80% of your house, you may be able to have a court enforce your oral contract by having the contractor partially refund ...

Can a breach of contract claim be recovered?

Breach of contract claims generally allow a homeowner to recover damages such as a refund of payments made to the contractor. Alternatively, they may be able to refund the difference in costs for hiring a new contractor to complete the project.

What are the three types of construction defect lawsuits?

While homeowners can potentially sue for any condition that reduces the value of their property, most construction defect lawsuits will fall into three categories: Defects in design, workmanship, or materials .Poor construction and cheap or inadequate materials are a common basis of construction defect claims.

What causes a house to be untenable?

Landslides, expansive soils, underground water sources, improper soil compaction, poor grading, and improper drainage can cause internal damage to the house and can even make a home untenable.

What are the problems that can cause property loss?

Problems such as water leaking through roofs, slab leaks or cracks, improper joists or weight-bearing walls, improper foundation construction, fallen ceilings, and termite infestation can all lead to substantial property loss and damage. Earth settlement issues.

What do construction companies pay special attention to?

Construction companies and contractors have to pay special attention to land grades, water tables, and earth settlement conditions to make sure the structure will hold up in the surrounding environment.

Can a contractor sue a homeowner for poor quality of work?

There are many cases where a homeowner can sue a construction company, contractor, or builder for poor quality of work. Lack of proper planning or construction can cause significant property damage from water leaks and cracked foundations, and may result in the homeowner having to leave the premises for weeks or months to allow for repairs.

James Lee Fant

You should contact an attorney who is experienced in handling contract and consumer fraud matter. There are specific regulations that govern home improvement contractors. If a home improvement contractor violates these regulations or otherwise engages in fraudulent conduct, you may be entitled to treble (i.e.

Martin L Bearg

Hillsdale is located in Bergen County. Nonetheless I can recommend an attorney in Summit, NJ named Andrew Smith, whose telephone number is 973-206-1725. Good luck...

Christopher Edward Ezold

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only.

Stuart M Nachbar

A general litigation lawyer should suffice as along he/she is knowledgeable in Consumer Fraud's/Contract and treble damages.