what type of lawyer for home damage by contractors

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.

Who pays for damages when a contractor damages your home?

Your homeowners’ insurance company may pay for damages in the following situations: Accident coverage. Accident coverage is part of most homeowners’ insurance policies, and it usually kicks in when a contractor damages a home. Accident coverage will pay for exactly that – damages caused by accidents.

What does a housing and construction defect attorney do?

Construction defect attorneys handle structural engineering defects (e.g., leaky roofs and dry rot) and contractual disputes (e.g., excessive costs of construction materials and labor and the use of defective materials). Use FindLaw to hire a local housing and construction defects attorney if you suspect defective construction of your property.

Why hire an attorney for a homeowners insurance claim?

When you work with an attorney who is experienced in insurance law and contractor and homeowners’ insurance claims, you improve your chances of recovering the compensation you deserve.

What is construction negligence?

Construction negligence occurs whenever a project does not follow existing safety rules or standards of care and becomes a danger to workers or the public. Negligence that occurs during a building or repair project is a common form of construction negligence.

How do I sue a contractor in Georgia?

A homeowner who wants to file suit against a contractor must follow the requirements set forth in the Right to Repair Act. Under the statute, the homeowner must notify in writing each contractor who performed worked on the home at least 90 days before filing suit.

What is an attorney called?

In the United States, the terms lawyer and attorney are often used interchangeably. For this reason, people in and out of the legal field often ask, “is an attorney and a lawyer the same thing?”. In colloquial speech, the specific requirements necessary to be considered a lawyer vs attorney aren't always considered.

How do I sue a contractor in PA?

Pennsylvanians who believe they have been the victim of a home improvement contractor or disreputable business practices should contact the Office of Attorney General's Bureau of Consumer Protection at 1-800-441-2555 or by email at scams@attorneygeneral.gov or visit www.attorneygeneral.gov to file a complaint.

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.

What to do when you're unhappy with a contractors work?

How to Convey Your Dissatisfaction to Your ContractorSpeak up right away. You must tell your contractor early on that you don't like something. ... Maintain an understanding demeanor. You don't like the work and you're worried you'll offend your contractor. ... Get changes to the project in writing (even if only by email).

What's the difference between an attorney and a lawyer?

For example in the US, an attorney is a general term for a lawyer that has passed a bar examination and can practice law in a particular jurisdiction. Attorneys act as lawyers but not all lawyers can perform the work of attorneys.

What is the difference between lawyer attorney and advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

How do I hire a lawyer?

7 Must-Know Tips for Hiring an Attorney for Your CaseAsk for Recommendations. One of the best ways to find a good attorney is to ask people you trust for recommendations. ... Do Online Research. ... Schedule a Consultation. ... Ask the Right Questions. ... Assess fees and Costs. ... Review the Payment Arrangements. ... Listen to Your Gut.

How long do I have to sue a contractor in PA?

In Pennsylvania, the shortest time for contractor statutes of limitations is two years, and this time limit is set for negligent or intentional actions that results in injury to people or property.

What does filing a complaint with the attorney general do?

After a complaint is filed, it is reviewed by an attorney general representative who determines whether: The complaint is appropriate for mediation by the office. If it should be referred to another governmental entity that may be more suited to assist with the consumer's complaint. Or both depending on the situation.

How much do you pay a contractor up front in PA?

Contractors can legally only ask for 1/3 of the contract price up front. It's considered fraud if a substantial portion of the work is not performed in the time requested, or more than 45 days go by without work being done.

1 attorney answer

A litigation attorney with a construction practice background might help you. Click the Lawyer Search link at the top of your screen, enter the city and type of dispute, and you may find someone on Avvo. Good luck. More

Alan James Brinkmeier

A litigation attorney with a construction practice background might help you. Click the Lawyer Search link at the top of your screen, enter the city and type of dispute, and you may find someone on Avvo. Good luck. More

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.

What happens if you hire a contractor to work on your home?

Whatever it is, when you hire a contractor for work on your home, you have high expectations; the last thing that you anticipate is for the contractor to cause damage to any part of your property. If damages to your home do result, you may be wondering who’s responsible for paying for them: your homeowners’ insurance policy or ...

What happens if my homeowners insurance denies my claim?

If your homeowners’ insurance company denies your claim, you may be able to recoup damage from the contractor’s liability insurance. Contractor liability insurance is designed to pay for accidents, damages, and injuries resulting from a contractor’s errors.

Can homeowners insurance pay for contractor's mistake?

Even if you file a claim with your homeowners’ insurance company and the company agrees to pay for damages resulting from a contractor’s mistake, it is likely that your insurance company will attempt to collect repayment from the contractor’s insurance.

Does homeowners insurance pay for damages?

Your homeowners’ insurance company may pay for damages in the following situations:

Do homeowners insurance policies cover remodeling?

This is because many homeowners’ policies do cover damages during a home remodel, but don’t cover damages that result from an addition or an individual project.

Do insurance companies pay for damages?

While you surely deserve to be compensated for damages in your home, the truth is that insurance companies are often hesitant to pay claimants anything, and often offer far less than they deserve, if not outright deny claims. When there are two insurance companies involved (your homeowners’ insurance policy and the contractor’s insurance) the process of recovering damages may be delayed, as these two companies may engage in a back-and-forth about who owes what.

Can you claim property damage if your roof is damaged?

In other words, if there is no damage beyond faulty work, then you probably don’t have a claim for property damage.

What is a construction defect lawyer?

Construction defect attorneys handle structural engineering defects (e.g., leaky roofs and dry rot) and contractual disputes (e.g., excessive costs of construction materials and labor and the use of defective materials).

What is FindLaw for?

Use FindLaw to hire a local housing and construction defects attorney if you suspect defective construction of your property.

Who is responsible for the damage?

However, if the damage happened to happen while they were working, but was caused by your negligence or a natural disaster, then you are the one responsible for the damage.

What If Your Contractor Denies Responsibility?

If you feel it is their fault (sometimes it legitimately isn’t), then you may have to take them and/or their insurance company to court. Although many of these cases end up in small claims where you don’t technically need a lawyer, it’s a very good idea to engage one anyway.

Where Does My Homeowners’ Insurance Come In?

Homeowners’ insurance generally does cover damage related to renovations. Make sure to check your policy document to find out what might be excluded.

What About Damage to Somebody Else’s Property?

So, the landscaper you hired screws up cutting down a tree and it falls on your neighbor’s fence…and their BMW. In this case, the contractor is definitely responsible, and you are not. You should provide your neighbor with the contractor’s insurance details, just in case. This can be a particular issue if you live in a condominium. (In this case, as a note, your COA may also want to know which contractor you are using and see their insurance. However, they may also be able to make recommendations).

What to ask a contractor for when hiring a contractor?

When you hire your contractor, ask them for their insurance details right away, including the insurance policy number for their liability insurance and the amount they carry. Make sure it meets or exceeds state limits.

What happens if a contractor doesn't have insurance?

If your contractor does not have insurance, they may or may not be willing (or able) to cover the damages out of pocket. Again, licensed contractors are required to carry insurance, so the best way to stay out of this situation is to hire the right contractor in the first place.

What to do if your contractor's insurance company is making trouble paying up?

If your contractor’s insurance company is making difficulty about paying up, but you have a good relationship with them , you may be able to help them out.

How can a home improvement contract attorney help prevent fraud?

A home improvement contract attorney can help prevent this type of fraud by researching a construction company beforehand, drafting a contract that has serious consequences if such an instance of fraud occurs, and by recommending a certified company to the homeowner if fraud is discovered while in the middle of completing a home improvement project.

What is a no litigation clause in a home improvement contract?

This usually states that the parties must agree to resolve disputes over the contract or the work done through negotiations or other alternative resolution options ( e.g., mediations).

What Does a Home Improvement Contract Typically Address?

All contracts must contain certain elements to be found legally enforceable. This usually requires adhering to both state and local guidelines concerning how to form a valid contract. In general, a home improvement contract must be in writing, signed by all relevant parties, provide a basic description of what the contract is for, set the length of the contract (e.g., start and end dates), and include an estimate of how much the total project will cost.

Why are home improvement contracts important?

Home improvement contracts are also essential for housing projects because they tend to need to be completed within a certain time frame and usually within a strict budget. Some examples of home projects that are often the subject of a home improvement contract include when:

What is home improvement contract?

What are Home Improvement Contracts? A home improvement contract is a type of agreement that is formed between homeowners and a home development or construction business. In general, these contracts are typically used to cover different renovation projects around the house, such as attaching an outdoor deck, building a patio, ...

What is the purpose of tearing down walls?

Tearing down walls to create a bigger room or larger area (e.g., taking down a wall that separates a kitchen and a dining room to condense it from two rooms to one large space).

Do you need a contract before starting a home improvement project?

Nearly all kinds of home improvement projects and their parties will gain some advantage by drafting and signing a formal contract before starting the work. Home development contracts are particularly common in situations where a homeowner has not previously worked with the company or business hired to do the job.

What Types of Legal Claims Can be Filed Against a Contractor?

Once a homeowner has decided to file a lawsuit against a contractor, there are a few different types of legal claims they may file. The most common are:

What are some examples of lawsuits against contractors?

Examples of this include missing deadlines or failing to perform all of the work required.

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 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.

What are the different types of breach of contract?

There are four main types of breach under the breach of contract umbrella: Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach;

What are the defects in a home?

Defective Construction Work Claim: construction defects are those that lessen the value of your home. This includes: 1 Design deficiencies such as a roof not being built to code, which can result in water intrusion or inadequate support; 2 Material deficiencies such as inferior sheetrock in damp areas; 3 Construction deficiencies as a result of poor workmanship, such as plumbing and electrical issues; or 4 Subsurface deficiencies such as a home being built on hills or other unstable conditions.