When a homeowner hires a contractor in Florida for home repairs, they will likely sign a contract that outlines the terms and conditions of their agreement and includes:
- A description and clarification of the work and services that are to be completed;
- The cost of the work that is to be completed;
- The deadline when the work should be completed.
Lawsuits may be filed against contractors who failed to follow the terms of the contract. Examples of issues that may arise and form the basis of a lawsuit include:
- Missing a deadline;
- Failing to perform all of the work required under the contract;
- The contractor completed the job, but not in a satisfactory manner;
- The contractor completed the job, but the work violates safety standards or local zoning ordinances;
- The contractor took advantage of the homeowner;
- This may occur by accepting a payment from the homeowner but failing to complete the agreed-upon work;
- The contractor overcharged, resulting in a breach of contract claim.
A lawsuit that is filed by a homeowner against a contractor is typically filed in a civil court. For more information on suing a contractor in Florida, an individual should consult with a local attorney in Florida.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are different categories of legal claims that a homeowner may be able to file against a contractor, including:
- Breach of contract
- Contract fraud
- Defective construction work
Breach of Contract
Breach of contract occurs when one of the parties does not fulfill their obligations under the contract. Contractors may be found liable for breach of contract if they:
- Miss deadlines;
- Do not begin projects;
- Partially complete projects;
- Do not use the construction materials that were agreed upon under the contract.
There are four categories of breach of contract that may occur, including:
- Minor breach: A minor breach, also referred to as an impartial breach, occurs when one of the parties to the contract fails to perform something under the contract but does not violate the whole contract;
- Material breach: A material breach occurs when the party’s breach is so substantial that it affects the entire contract;
- Fundamental breach: A fundamental breach is much more egregious when compared to a material breach; and
- Anticipatory breach: An anticipatory breach, also called anticipatory repudiation, is a breach that occurs when one of the parties notifies the other party that they will not be able to fulfill the terms of their contract as agreed.
In general, a breach of contract claim will allow a homeowner to recover damages, such as a refund of payments made to the contractor or the cost of having another contractor repair or complete the work.
Contract Fraud
Contract fraud is another common type of claim made against contractors. Contract fraud occurs when one of the parties knowingly makes a false claim with the intent of deceiving or tricking the other party into signing the contract, for example, promising to use premium materials, knowing substandard ones will actually be installed.
Defective Construction Work
Construction defects are defects that reduce the value of a home. Examples of the categories of defects that may form the basis of a defective construction work claim include:
- 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 in known damp areas;
- Construction deficiencies: These result from poor workmanship, such as plumbing and electrical issues;
- Subsurface deficiencies: This may include a home being built on hills or other unstable conditions without any mitigating measures being taken.
Can I Sue a Contractor Without a Contract?
It may be possible to sue a contractor even when an individual does not enter into a written contract. The homeowner may be able to show that an oral contract was formed.
For example, if the homeowner hired a contractor to paint the entire inside of their home, but the contractor only painted 70% of the interior. The homeowner may be able to enforce the oral contract in court, and the contractor may be required to partially refund the homeowner or cover the cost of having the job completed by another party.
Generally, the plaintiff, or the party who brings the lawsuit, must show evidence of the agreement to perform the service.
How Do I Sue for Breach of Contract?
Prior to filing a breach of contract claim, it is important for an individual to review their contract for any clauses governing dispute resolution, such as requirements for mediation or arbitration. Contracts can also place time limits or outline specific procedures that have to be followed before a claim can be filed in court.
To sue for breach of contract, the plaintiff must show the following elements:
- That the plaintiff entered into an actual contract and that the contract is considered to be valid under state contract laws;
- That the plaintiff upheld their part of the contract despite the other party not upholding theirs;
- That the breach was a substantial or material violation of the contract terms;
- It is important to note that technical or minor errors in a contract will not generally qualify for a breach of contract claim; and
- That the losses the plaintiff suffered were, in fact, caused by the breach of the contract and can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
How much it will cost to sue a contractor will depend on the issue itself and the amount of the dispute. For example, if the homeowner is suing a contractor for poor workmanship on a small issue, such as the installation of a cheaper fixture than was agreed to, the claim may be handled in small claims court.
It can cost substantially more to file a lawsuit against a contractor in a civil court, especially if the homeowner hires an attorney. It can be very complicated to sue a contractor and would likely overwhelm an individual who does not have any legal training and is not familiar with building code and construction issues.
What Is the Statute of Limitations for Contract Disputes?
Every state has its own specific statutes of limitations for both civil wrongs, including contract disputes. The following are examples of the statutes of limitations by state for a written contract:
- Alabama: 6 years
- California: 4 years
- Florida: 5 years
- Indiana: 10 years
- Kentucky: 5 years
- Maryland: 3 years
- New York: 6 years
- Texas: 4 years
Do I Need an Attorney for Suing a Contractor?
If you think you may need to sue a Florida contractor for an issue with your home or business, it is essential to consult with a Florida contract lawyer. Your lawyer can review your contract and advise you of any requirements related to resolving your dispute, as well as your options under Florida laws.
It can be overwhelming and intimidating to consider suing a contractor on your own. Having a lawyer handle your claim will ensure that your rights are protected throughout the process and that you have the best possible outcome for your issue.
