When hiring an Arkansas contractor for work done on a property, including repairs or services, the customer will most likely sign a contract that will govern the work and include the details of the project. This type of contract can also govern other issues related to the work, including:
- A description of the work done on a property, including repairs or services;
- An estimate of what it will cost to complete the work done on a property, including repairs or services;
- A deadline for when the work done on a property, including repairs or services, is supposed to be completed.
If an Arkansas contractor that an individual hired does not properly finish the work done on a property, including repairs or services, the customer may be able to file a lawsuit. Issues that may arise that result in a customer filing a lawsuit against a contractor can include:
- Not completing or performing all of the work done on a property, including repairs or services, that was required under the contract;
- Missing deadlines for completing steps or completing the work;
- Not completing the work done on a property, including repairs or services, in a satisfactory manner;
- Completing the work done on a property, including repairs or services, 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 work done on a property, including repairs or services;
- Overcharging the individual for the work done on a property, including repairs or services, that were completed.
If a customer needs to sue an Arkansas contractor, they will likely file their claim in civil court. If a customer is considering filing a lawsuit against a contractor in Arkansas, they should first consult with a local attorney in Arkansas.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
A customer may have many different reasons for wanting to sue a contractor in Arkansas. The most commonly filed claims against contractors include:
- Defective construction work
- Breach of contract
- Contract fraud
Defective Construction Work
Legal claims that involve defective construction work can include work done on a property, including repairs or services, that has construction defects. Construction defects arise when contractors do not do the work, repairs, or services either in accordance with the reasonable expectations of the customer or in a reasonable manner.
Construction defects can also cause a reduction in the value of the structure or property. The four categories of construction defects include:
- A design deficiency
- A subsurface deficiency
- A material deficiency
- A construction deficiency
Breach of Contract
Breach of contract claims may be based upon numerous different issues that arise related to work done on a property, including repairs or services. Examples of situations that result in a lawsuit being filed include:
- Not starting the work done on a property, including repairs or services;
- Not meeting the contract deadlines for the work done on a property, including repairs or services;
- Not fully completing the work done on a property, including repairs or services;
- Not installing the materials or fixtures listed in the contract.
A customer may be successful in their breach of contract claim. In that case, they may be able to obtain monetary compensation for the work done on a property, including repairs or services, that were not finished properly. In these types of claims, a contractor may have to pay the customer a refund for the part of the work not completed or may have to pay for another party to finish the work.
Contract Fraud
If a party to a contract purposely or knowingly makes a claim that is false in order to trick the other party into signing the contract, it is considered contract fraud. Contract fraud involving contractors often occurs when the contractor agrees to use a specific grade or type of fixture or material when they know one of lesser quality or cost will be installed.
Can I Sue a Contractor Without a Contract?
If a customer needs to, they may be able to sue a contractor even if they did not sign a written contract. This may occur when a contractor is hired to do work on a property, including repairs or services.
If the customer can show an oral contract was formed, the court may order the contractor to give the property owner a refund for the part of the work or service they did not complete. Alternatively, the court may order the contractor to complete any unfinished work done on a property, including repairs or services.
How Do I Sue for Breach of Contract?
If a customer is considering suing an Arkansas contractor for a breach of contract, they should take certain steps before filing their lawsuit. This includes reviewing the contract as well as other documents they may have signed governing the work done on a property, including repairs or services.
Some contracts require that the parties use alternative dispute resolution, such as arbitration, to resolve any disputes that arise from the contract. When a customer files a lawsuit for breach of contract, they will be required to show the following elements:
- A contract was actually formed;
- That contract is valid under the laws of the State of Arkansas;
- The contractor did not complete what they agreed to in that contract;
- The breach was substantial or material and not simply minor;
- The losses suffered by the customer who filed the lawsuit were caused by the breach of the contract; and
- The losses the plaintiff incurred may be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
How much suing a contractor for poor workmanship costs will vary on a case-by-case basis depending on numerous factors, for example:
- The type of breach that occurred;
- The amount of monetary damages requested by the customer;
- The size of the job in the claim;
- Whether the case involves multiple legal issues;
- Whether the customer has legal representation.
When a customer is suing a contractor, it is essential to have the representation of a lawyer because suing a contractor can be a complicated and stressful procedure. Having an attorney handle the claim will give the customer an advantage because their lawyer will know Arkansas laws, construction issues, and building codes.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations for written contract disputes in Arkansas is five years. For oral contracts, in Arkansas, the statute of limitations is three years.
The statute of limitations provides a limit on the amount of time an individual has to file their claim in a court of law. If the customer does not file a lawsuit within this time frame, the case will be dismissed in court, and they will lose the opportunity to recover damages.
Do I Need an Attorney for Suing a Contractor?
If you are a customer who has had issues with an Arkansas contractor, it is very important to consult with an Arkansas contract lawyer as soon as possible. Your lawyer can review the contract and any documents you signed and advise you on how they affect your claim and the steps you can take for compensation.
LegalMatch provides you access to a database of pre-screened lawyers who are ready to start working on your case. Simply submit your issue on the website and receive responses within around 24 hours, including the lawyer’s fee schedule, background and education, and client reviews.
