My Contractor Is Not Finishing the Job Even Though I Paid Him
Homeowners who engage the services of a contracting company or an independent contractor may be asked to pay upfront for services but the job will not be completed. If this happens, the owner will need to know what to do next, to ensure that the contractor does not attempt to bully his or her way out of the job and seek legal support.
The Contractor and the Contract
When hiring a professional, company or independent contractor, it is important to have a legally binding document between the two parties. This is the general standard when working with someone that engages with the homeowner and performs services for the property.
If the individual or company does not finish the work but has already received payment, it is possible to use this action as a violation of the contract. In a breach, the homeowner has an option to acquire damages from the other party. This normally requires the help of a lawyer to initiate a claim or to acquire a settlement with a business.
Reasons for Disappearance
There are times when a contract disappears before finishing the project. Sometimes, this is because he or she needs to acquire more materials and is not in contact with anyone else. If the reason is understandable, the project may continue later and complete before or near the deadline.
However, if the reason is invalid, this could lead to a breach of contract. However, after some time if the contractor does not initiate contact or return phone calls, it may become clear that he or she will not complete the work. Then, it is time to contact a lawyer from THE LOCKWOOD LEGAL GROUP, to determine what options are available.
The Lack of a Completed Project
Generally, it is the lack of materials, labor and even parts that the homeowner or company does not receive from a contractor when he or she fails to complete the work. The project may require a remodel of a bathroom, and the bathtub may never arrive along with the contractor never appearing again at the home. At this point, many will scrap the current project with the employee and find a new professional to engage with and finish the job.
However, the payment given to the other for a finished product could hamper this plan. It may become necessary to sue the contractor for breach of contract or an incomplete job done.
Specific clauses in the contract will generally back up the owner in an attempt to hold the contractor for breach, violations and damages. The lack of the completed project usually attests for itself, and this would provide the evidence a judge or jury would need in usual circumstances.
The owner would still need to take pictures, contact a lawyer and review the contract between the two parties. The breach clause normally explains how to proceed.
The lawyer may first need to send a demand letter to the contractor about the incomplete work. Then, the owner will have steps to take based on any response given.
Pursuing the Contract Claim
When the homeowner paid for components, the contractor’s work or materials to complete the project, he or she may have no other choice but litigation to resolve the conflict. The contractor may not communicate once he or she has the funds from the job even if there is work that needs completing.
In these situations, the homeowner may need to gather evidence and contact a lawyer from The Lockwood Legal Group, to determine what path to take. If he or she does nothing, the missing items will remain unavailable.
Funds given to the contractor for incomplete work are irretrievable without starting a claim.
Depending on the amount of possible compensation, the homeowner will need to determine which path is best. After contacting a contract lawyer from The Lockwood Legal Group p, he or she will understand what options exist. However, the value of the claim may lead to the small claim’s courts.
If there is another item involved such as a third party or a subcontractor as well, this could increase the value.
When the possible compensation is sufficient for litigation, the homeowner may need to initiate a claim with legal support.
Unfinished Contract Work and the Lawyer
The lawyer from The Lockwood Legal Group, LLC will review the binding contract between the owner and the professional. In the event there is another way to resolve the conflict, he or she will explain what option is better based on the value of the claim and then work to acquire the best compensation possible.
Mandatory Arbitration Clauses
The contract between the homeowner and the contractor might contain a mandatory arbitration clause. A mandatory arbitration clause states that any disputes between the parties, must be addressed in arbitration, rather than simply filing a lawsuit in Court. Our attorneys at The Lockwood Legal Group, LLC are experienced in Arbitration Litigation and can guide you through the process.
Contact The Lockwood Legal Group, LLC today!
If you think you might have a case, it is crucial you contact a qualified attorney right away. We understand litigation is often daunting to those who are not attorneys. but rest assured, we will be here for you all throughout the process. No one fights harder for their clients then attorneys of The Lockwood Legal Group, LLC.
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