When a property owner in Alabama hires a contractor to complete services, repairs, or work on their property, they will likely sign a contract outlining the terms and conditions of these services, repairs, or work. Additionally, the contract will also likely cover other issues related to the work, including:
- A description of the service, repair, or work;
- An estimate of what it will cost to complete the service, repair, or work;
- A deadline for when the service, repair, or work should be completed.
If the contractor does not or cannot complete the obligations assigned in the contract, the owner of the property may be able to file a claim in a court of law. Examples of issues that may require owners to file claims in court may include:
- Not completing or performing all of the service, repair, or work that was required under the contract;
- Missing a deadline or missing multiple deadlines;
- Not completing the service, repair, or work in a satisfactory manner;
- Completing the service, repair, or work in such a way that violates local zoning ordinances or safety standards;
- Taking advantage of the property owner, such as by accepting money or deposits but not completing the service, repair, or work;
- Overcharging the property owner for the service, repair, or work completed.
If the owner has to file a lawsuit in court against a contractor, it will usually be filed in civil court. If the owner believes they may need to file a claim against an Alabama contractor, it is essential to consult with a local attorney in Alabama.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are many different reasons why an individual may want to file a claim against a contractor in Alabama. Claims that are commonly filed against contractors include:
- Breach of contract
- Contract fraud
- Defective construction work
Breach of Contract
A breach of contract claim is a type of claim that is filed when one party does not complete what they agreed to under a contract. A property owner may be able to sue a contractor for a breach of contract if they:
- Do not start the services, repairs, or work;
- Miss a deadline or miss multiple deadlines;
- Do not fully complete the services, repairs, or work;
- Do not use the construction materials or fixtures outlined in the contract.
Breach of contract claims can allow property owners to recover monetary compensation, or monetary damages, for services, repairs, or work that is not properly completed. A contractor may have to provide the owner with a refund for the services, repairs, or work left uncompleted or they may have to pay another party to finish the services, repairs, or work.
Contract Fraud
If one of the parties to a contract makes a false claim knowingly or purposefully that is intended to trick the other party into signing the contract, contract fraud has occurred. Contract fraud arises when the contractor tells the other party to the contract that a certain type of fixture or material will be installed, knowing that a different, lower-quality, fixture or material will actually be used.
Defective Construction Work
Defective construction work includes services, repairs, or work that contains a construction defect. A construction defect arises when a contractor fails to construct or design the services, repairs, or work in a reasonable manner or in accordance with the reasonable expectations of the owner.
This may include issues that can reduce the value of a structure or property. Categories of defects that form the basis of construction work lawsuits include:
- A subsurface deficiency: This deficiency can include a structure built on a hill or other type of unstable condition without installing any mitigating measures.
- A material deficiency: This deficiency can include issues such as inferior sheetrock installed in areas that are known to be damp.
- A construction deficiency: This deficiency can result from poor craftsmanship or workmanship and may include plumbing or electrical issues.
- A design deficiency: This deficiency can include issues such as the roof not being built to code, which can result in water intrusion and not having adequate support.
Can I Sue a Contractor Without a Contract?
A property owner may be able to sue a contractor even in situations where a written contract was not signed. Owners may be able to do this if they can show in court that an oral contract was entered into between the parties.
A common example of this arises when a contractor fails to finish services, repairs, or work that they agreed to complete. For example, if they complete only 70% of the painting of the exterior of a structure.
When this occurs, the owner of that structure may be able to enforce an oral contract for the remaining 30% of the work. If the owner proves an oral contract was formed, the court may require the contractor to provide a refund for the unfinished portion of the work or to pay another contractor to complete the services, repairs, or work.
How Do I Sue for Breach of Contract?
If a party is considering suing a contractor for breach of contract, there are certain things they should do before filing their claim. They should review the contract or other documents they signed to see if there are any provisions requiring certain types of dispute resolution.
Some contracts will have clauses requiring arbitration or a different type of alternative dispute resolution means to be used to resolve a dispute. The contract may also include time limits or procedures that must be followed before a claim can be filed in court.
When a party does file a lawsuit for breach of contract, they will be required to show the following elements:
- A contract was formed between the parties;
- That contract is valid under the contract laws of the State of Alabama;
- The contractor did not fulfill their obligations under the contract;
- The breach was a material or substantial breach of the contract terms and not just a minor technical issue or error; and
- The losses the plaintiff suffered were actually caused by the breach 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 for poor workmanship will vary depending on several factors, including:
- The amount of damages the plaintiff is requesting;
- The size of the job;
- The type of breach;
- Whether the party files their claim in small claims court or civil court;
- Whether there are multiple issues;
- Whether the party has legal representation.
When suing a contractor, it is essential to have legal representation, as it can be a complex and stressful process, in addition to the stress already caused by the work not being completed. Having a lawyer gives a party an advantage in terms of their training and knowledge of the law, as well as construction issues and building codes.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations is a time limitation on how long an individual has to file a claim against a defendant in a court of law. If a party does not file their claim within this time, the case will be dismissed in court, and they will not be able to receive any type of compensation.
In Alabama, the statute of limitations for claims involving written contracts is six years. This means that an individual has six years from the time of the breach to file a lawsuit.
Do I Need an Attorney for Suing a Contractor?
You may need to file a lawsuit against an Alabama contractor. If this is the case, it is important to consult with an Alabama contract lawyer who can review your issue and contract and advise you on the best steps to take. Having a lawyer represent you will ensure that your rights are protected and you receive the best possible outcome for your case.
An excellent place to find your Alabama lawyer is LegalMatch. Simply submit your issue or question on the website at no cost to you, and lawyers who are ready to work on your case will respond promptly.
