If a homeowner hired a contractor in New York, they most likely signed a contract outlining the terms and conditions of the repair or services that will be provided, including:
- A description of the work or services that will be completed;
- The cost of the work that is to be completed;
- The deadline when the work is supposed to be completed.
An individual can file a lawsuit against a contractor if they fail to uphold their end of the contract. Examples of issues that may cause an individual to need to sue a contractor include:
- Failing to perform all of the work required under the contract and the contractor missing a deadline;
Completing the job, but not in a satisfactory manner;
- Completing the job, but the work violates safety standards or local zoning ordinances;
- Taking advantage of the homeowner, for example, accepting a payment from the homeowner but failing to complete
- the work;
Overcharging for the work done.
Lawsuits filed by homeowners against contractors are usually filed in the local civil court. If an individual would like to obtain more information on suing a contractor in New York, they should consult with a local attorney in New York.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are several different types of legal claims that an individual may be able to make against a contractor, such as:
- Breach of contract
- Contract fraud
- Defective construction work
Breach of Contract
A breach of contract claim arises when one of the parties to the contract does not fulfill their contractual obligations. A contractor can be held liable for breach of contract when they:
- Partially complete projects;
- Do not begin projects;
- Miss deadlines;
- Do not use the construction materials that were agreed upon in the contract.
There are four categories of breach of contract based on which an individual may be able to file a claim, including:
- Minor breach: A minor breach, also called an impartial breach, occurs when one of the parties to the contract does not perform something under the contract but they do not violate the whole contract.
- Material breach: A material breach occurs when a party’s breach is so substantial that it affects the entire contract.
- Fundamental breach: A fundamental breach is more egregious than a material breach.
- Anticipatory breach: An anticipatory breach, also referred to as an anticipatory repudiation, is a breach that happens when one of the parties notifies the other party that they will not be able to fulfill the terms of the contract as they agreed to do.
As a general rule, breach of contract claims allow homeowners to recover damages, for example, a refund of the payments that were made to the contractor or reimbursement for the cost of having a second contractor complete the work.
Contract Fraud
Contract fraud is another type of claim that can be made against a contractor. Contract fraud arises when one party knowingly makes a false claim in order to trick or deceive the other party into signing the contract.
One example of this may be agreeing to use premium materials but, instead, installing substandard ones.
Defective Construction Work
A construction defect is a defect that reduces the value of a home. There are different categories of defects that may form the basis of a defective construction work claim, including:
- Design deficiencies: This may include the roof not being built to code, which can result in water intrusion or inadequate support;
- Material deficiencies: This may include inferior sheetrock being used in known damp areas;
- Construction deficiencies: These result from poor workmanship, for example, electrical or plumbing issues;
- Subsurface deficiencies: This may include a home being built on a hill or another type of unstable condition, without any mitigating measures being used.
Can I Sue a Contractor Without a Contract?
In certain situations, it may be possible to sue a contractor even if they did not enter into a written contract. An individual may be able to show that an oral contract was, in fact, formed.
For example, suppose a homeowner hired a contractor to paint the exterior of their house, but they only painted 60% of the home. The owner may be able to enforce the oral contract in court.
If so, the contractor may be required to refund the homeowner for the 40% of the job that was not completed, or they may be required to repay the homeowner for the cost of having the job completed by another contractor. It generally falls upon the plaintiff, or the individual bringing the lawsuit, to show evidence of the agreement to perform the service.
How Do I Sue for Breach of Contract?
Before a homeowner files a breach of contract claim, it is essential to review the governing contract for any clauses that outline how dispute resolution has to be handled, for example, by arbitration or medication. A contract may also place time limits or outline specific procedures that must be followed before a lawsuit can be filed in court.
In order to file a breach of contract claim, a plaintiff must show the following:
- That the plaintiff entered into a contract;
- The contract is considered to be valid under the state’s contract laws;
- The plaintiff upheld their part of the contract despite the other party not upholding their part;
- That the breach was a substantial or material violation of the terms of the contract, meaning it was not a technical or minor error;
- The losses the plaintiff suffered were, in fact, caused by the breach of contract and can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost of suing a contractor in court will vary depending on the issue in the case and the amount in controversy. For example, if the individual is suing a contractor for poor workmanship on a small project, such as the installation of a cheaper fixture than was agreed to, the issue may be handled in small claims court.
It will cost substantially more to file a lawsuit in a civil court against a contract, especially if a lawyer represents the homeowner. Suing a contractor can be very complex and would likely be overwhelming to an individual without any legal training or who is not familiar with construction issues and building codes.
What Is the Statute of Limitations for Contract Disputes?
All states have their own statutes of limitations for civil wrongs, which include contract disputes. Examples of the statutes of limitations by state for written contracts include:
- California: 4 years
- Florida: 5 years
- Indiana: 10 years
- Maryland: 3 years
- New York: 6 years
- Texas: 4 years
The statute of limitations is the time limit in which the plaintiff has to file their lawsuit. If they do not file their claim within this time, it will be dismissed in court, and they will not be able to recover any damages.
Do I Need an Attorney for Suing a Contractor?
If you are considering suing a New York contractor for an issue with your home or business, it is important to reach out to a New York contract lawyer for help. Your attorney can review the contract, as well as provide you advice regarding any requirements you need to fulfill to resolve your dispute and your options under New York law.
It can be intimidating and overwhelming to think about suing a contractor on your own. Having your attorney hire your issue will help make sure your rights are protected and that the best possible outcome for your case is provided.
