When you’re searching for a contractor to build your dream home, chances are, you’re taking the time to look through as many candidates as possible. Only after diligent research will you feel comfortable in your decision and optimistic that the job will be done the right way.
Unfortunately, things don’t always go to plan. No matter how thorough you are in your search, your dream home can quickly turn into a nightmare with the wrong contractor. Rather than the house you’ve always envisioned, you may wind up with something else entirely: Defects, elevated costs, poor materials, delays, and even unfinished work. What recourse do you have when things go wrong? How can you resolve these issues? Is it simply a matter of talking things over with the builder or should you pursue legal action with a home building dispute lawyer?
When Should I Sue?
There are many potential reasons for filing a legal claim against a contractor. You may find that the contractor is in breach of contract if the work is defective or was not completed in time. You may find they intentionally misrepresented the materials used or other details about the project. Ultimately, there is one question you will need to answer in deciding whether to sue the homebuilder: Do I have a good case?
Generally, there are a handful of boxes you’ll want to check to feel confident that your case is winnable. These include:
- You and the other party signed a legally binding contract.
- You have made payments and otherwise held up your end of the agreement.
- The other party failed to meet contractual obligations (known as breach of contract).
- You suffered an economic loss due to their breach.
Is There an Alternative to Suing?
In some cases, you may not need to go to court to resolve the matter. You may be able to resolve your concerns outside of court by directly communicating with the other party and negotiating a fair compromise. Alternatively, you can hire a mediator, or neutral third party, to arrive at an amicable solution. You may even submit your dispute to binding arbitration, where a neutral third party will settle the controversy by rendering a final award.
Do I Need a Lawyer?
A building construction lawyer serves an essential function: helping you arrive at the optimal outcome. A Morgan & Morgan attorney can help you determine whether you are likely to recover compensation in a lawsuit and whether the other party is worth suing. The other party may be insolvent or bankrupt, making it difficult or impossible to recover damages. It’s essential that you consult one of our highly skilled house building lawyers so you can make the best possible decision in your circumstances.
Contact Morgan & Morgan
If you were promised your dream home and wound up getting stiffed by a contractor, the feeling can be unbearable. But understand that you have recourse. The building construction lawyers at Morgan & Morgan may be able to help you recover compensation in this difficult time. Schedule a free legal case evaluation to get started.
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