Disputes arise during construction and remodeling projects. There are issues regarding the general breaches of contract over boundary lines and the quality of the work performed. There are ways to resolve the matter without getting the courts involved, but in some situations, it becomes necessary to use them.
One of the common disputes that occurs is a breach of contract. This happens when the party fails to deliver the legally binding promise on the home’s remodeling. Concerning home remodels, these promises and agreements are included in the contract for the remodeling work. Generally, there are four main types of contract breaches:
- Anticipatory breach: when someone fails to fulfill their part of the agreement and informs you ahead of time;
- Actual breach: An actual breach happens when the person fails to fulfill their side of the contract;
- Material breach: This situation happens when one party receives something significantly different than what was initially agreed upon and;
- Minor breach: A minor or partial breach happens when some part of the contract is removed or incomplete—for instance, a missed deadline or a failed portion of the remodeling project.
You can file a claim if any of the above situations occur in your home remodeling project. However, before filing a claim against your contractor, you can seek a refund or communicate your concerns. Some situations may only require a resolution out of court.
What Are Some Examples of Zoning or Property Boundary Disputes?
There are property boundary disputes that come with large remodeling jobs. For example, if one homeowner wants to expand their backyard, it may not be feasible when the property line is disturbed. This means the rights of your neighbor’s property are being violated. Although you have a right to remodel your backyard, you cannot do so while infringing on someone else’s property. These issues do not necessarily warrant court action and can be resolved with out-of-court mediation.
Another common issue that arises is zoning restrictions. This typically happens when a commercial building impacts a residential area or vice versa. Homeowners can file zone disputes with the construction company or commercial property owner due to the following issues:
- Residential homes are too close to the parking areas;
- The construction obstructs the homeowner’s view;
- Setback issues for property lines;
- Excess clutter from commercial signs and;
- Noise, air, or water pollution near a residential area.
What Can I Do if the Quality of Work Does Not Meet Your Expectations?
Once you hire a contractor to remodel your space, there is a contract in place that outlines the expectations for the job. However, in some situations, these expectations may not be met. If they fail to meet the standards set in the agreement, this is considered a breach of the contract. You have a right to hold the contractor accountable for the breach.
Crafting the agreement closely and addressing any issues that may arise is recommended. Laying out clear expectations from the beginning of the contract will satisfy both parties.
Can I File a Home Remodeling Dispute Claim for a Damaged Property?
Home remodeling projects can quickly become more costly and complicated. In some cases, during their work, contractors can cause damage to your property. This can be due to pure accidental situations or negligence on their part, which can lead to grave consequences for your remodeling project, such as a serious pipe leak and damage to your landscaping.
However, most contractors have insurance to protect against this. However, there may be situations where the contracts may not have insurance protection.
To avoid these problems, you should check the terms of your own homeowner’s insurance. You may have coverage for your damages, but they may not cover all of them. You may need to file a claim if neither you nor your contractor have sufficient insurance to cover the damages. Local courts can suggest mediators and arbitrators, but regulations vary from one state to another; below is a brief overview of them:
- In the contract, both parties can specify the jurisdiction to file the claim based on where they live and where the contractor is located;
- Contact the clerk of the court to obtain and file the necessary paperwork. The majority of the courts have an e-filing system online to accommodate all and;
- There will be filing costs and additional fees incurred for filing.
The process is generally less expensive, but prep work must still be completed.
Why Do Different Types of Work Require Different Licenses?
When researching ways to remodel your home successfully, you should note that not all contractors fall under one umbrella, meaning different tasks require different licenses. Generally, consumers hire a contractor for an alteration, conversion, improvement, modernization, remodeling, repair, or replacement of a home or adjacent structure.
The contractor should have a business license as a Home Improvement or General Contractor. Ensuring your contractor has the proper licensing will allow the work to be completed more efficiently.
Moreover, electricians, plumbers, gasfitters, or refrigeration and air conditioning mechanics should also have licenses specific to their trade. If the contractor does not have the proper state license, they should not be allowed to conduct business, nor can they authorize any remodeling projects.
Furthermore, before you hire a contractor, you need to look at all the reviews and recommendations for their work to determine whether or not they are a right fit for you. These reviews will allow you to evaluate their product and make a more informed decision. Below are some ways to seek information regarding the contractors:
- You can seek potential contractors for community and neighborhood references and;
- Utilize online resources such as Google, Yelp, the Better Business Bureau, and Angi to locate credible reviews.
Each state also has resources available for consumers seeking contractors in certain areas. For instance, the DC Department of Buildings (DOB) also offers consumer resources on its website, including contractor resources. These methods are in place to help consumers find a contractor with a verifiable record of success and customer satisfaction. This can help in preventing fraud and help avoid contractors with a history of problems,
Furthermore, before the work starts, you should verify all the permits. The majority of the home improvement projects require state-issued permits. However, if homeowners or contractors fail to obtain the necessary permits:
- The homeowner could be charged with fees;
- There could be problems selling the home and;
- The work will not be safe.
If a contractor is obtaining the permits for you, it is critical to verify that the state has issued them before the work begins. There are also other free online consolidated databases where customers can view available data about permitting and inspection information. The building codes must be visibly displayed at the work location until completion of the work for which the permit is issued.
When Do I Need to Contact a Lawyer?
Home remodeling projects can quickly become a legal challenge. Therefore, doing your due diligence when hiring contractors can be beneficial. If you encounter any issues when remodeling your home, you can contact a local property lawyer to discuss your situation with you. These disputes can be resolved without little to no court intervention.