A home improvement contract is a binding agreement between a homeowner and contractor to add an addition or make some kind of improvement to property. Before, during, or after the improvements, home addition legal issues can arise.
If a contractor fails to complete the job, then they have breached the contract for the home addition. This means the contractor was legally obligated to build the home addition and failed to complete the addition. As the non-breaching party, the homeowner can sue the contractor for the breach.
A zoning violation occurs when a homeowner builds an addition to their home that violates the applicable zoning requirements for the area. An example of this is building a third floor onto a home, thus causing the home to exceed building height limitations that are in place under the local zoning requirements.
Contractor fraud involves firms or individual contractors offering home improvement services, but then cheating the homeowner in some way. An example of this would be if a written contract between a contractor and homeowner does not include any of the terms that both parties agreed to verbally. Another example of contractor fraud occurs when the contractor tells the homeowner of unforeseen or nonexistent problems that need extra work and extra money.
Defective construction occurs when the work falls below the construction industry standard. It can still be considered defective if the work does not satisfy the agreed-upon terms of the contract. For instance, the contractor may use materials that are below standard, not clear debris, or build the addition incorrectly.
Adding a home addition can be very beneficial to the homeowner, but only if it is done correctly. Talk to a real estate attorney before, during, and after hiring a contractor to add the additional space onto your property. Your attorney will advise you of your legal rights and how to resolve any disputes.
Last Modified: 06-29-2015 03:10 PM PDTLaw Library Disclaimer
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