An individual or property owner might hire a contractor to complete repairs, services, or other work on their property in Louisiana. If so, they will likely sign a contract outlining the terms and conditions of those repairs, services, or other work. In addition to this, the contract governing the repairs, services, or other work will usually include:
- A description of the repairs, services, or other work;
- An estimate of what it will cost to complete the repairs, services, or other work;
- A deadline for when the repairs, services, or other work should be completed.
If the contractor does not or is not able to complete what they agreed to do under the contract, the owner of the property may be able to file a claim in court. Examples of problems that may arise for which a property owner may file a lawsuit may include:
- Not completing or performing all of the repairs, services, or other work required under the contract;
- Missing a deadline or missing more than one deadline;
- Not completing the repairs, services, or other work in a satisfactory manner;
- Completing the repairs, services, or other 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 repairs, services, or other work;
- Overcharging the property owner for the repairs, services, or other work completed.
If the individual or property owner has to file a claim against a contractor in a court of law, it will most likely be filed in a civil court. If an individual is considering filing a lawsuit against a contractor in Louisiana, it is essential to first consult with a local attorney in Louisiana.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are many different examples of types of claims that can be filed against contractors in Louisiana. Examples of types of claims that are commonly filed against contractors include:
- Breach of contract
- Contract fraud
Breach of Contract
A breach of contract claim may be filed in court if one party does not fulfill their obligations under a contract they signed. An individual may be able to sue a contractor for breach of contract in certain situations, such as:
- The contractor did not start the repairs, services, or other work;
- A deadline or multiple deadlines were missed;
- The contractor did not fully complete the repairs, services, or other work;
- The construction materials or fixtures outlined in the contract were not used.
Owners and individuals can use breach of contract claims to recover monetary damages, or money, for unfinished or improperly completed repairs, services, or other work. A contractor may have to provide a partial refund for the repairs, services, or other work that was not completed, or they may have to pay another contractor to complete the repairs, services, or other work.
Contract Fraud
When one of the parties to a contract knowingly makes a false claim in order to trick the other party into signing the contract, contract fraud occurs. In construction cases, this commonly occurs when the contractor indicates that one type of fixture or material will be used or installed when, in fact, they are aware a lower-quality fixture or material will actually be used.
Can I Sue a Contractor Without a Contract?
An individual, in certain situations, can sue a contractor even when they did not sign a written contract. This may be done when the individual can show that an oral contract was formed between themselves and the contractor.
One example of this occurring is when a contractor fails to finish repairs, services, or other work that is to be completed. When this happens, the individual may be able to enforce an oral contract for the remainder of the work.
If the individual can show that an oral contract was formed, the contractor may be required to refund them for the portion that was not finished. Usually, the party filing the claim, called the plaintiff, is the party that will have to prove the contractor agreed to perform the repairs, services, or other work.
How Do I Sue for Breach of Contract?
An individual should review any contracts or other documents that they signed before filing a claim for breach of contract to determine whether the contract contained provisions on dispute resolution. There are some contracts that will require the parties to use alternative dispute resolution (ADR), such as arbitration, to resolve a dispute.
The contract may also outline any time limits or procedures governing disputes before a party can file a claim in court. The individual will need to prove certain elements in order to be successful in their breach of contract claim, including:
- A contract was entered into by both parties;
- That contract is valid under the contract laws of the State of Louisiana;
- The contractor did not fulfill their obligations or duties under the contract;
- The breach of contract was a material or substantial violation of its terms and not simply a minor technical error;
- The losses the plaintiff incurred were caused by the breach of the contract; and
- These losses can 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 will cost will depend on many factors, such as the amount in controversy or the amount of damages the plaintiff is requesting. A smaller amount may cost less if the claim is filed in a small claims court.
If, however, the claim is filed in a civil court with legal representation, it may cost substantially more to resolve the issue. It is very important for an individual to have an attorney when suing a contractor because it can be a complex and stressful situation on top of the stresses the individual is already experiencing.
A lawyer will use their legal training and knowledge of the law as well as construction issues and building codes to help present the best case possible for their client.
What Is the Statute of Limitations for Contract Disputes?
A statute of limitations is a time limit on how long a party has to file a legal claim in court. If their claim is not filed within that time limit, it will be dismissed and they will be unable to recover any type of compensation.
The statute of limitations for certain states across the United States includes:
- California: 4 years;
- Florida: 5 years;
- Louisiana: 10 years;
- Maryland: 3 years;
- New York: 6 years;
- Texas: 4 years.
Do I Need an Attorney for Suing a Contractor?
If you believe you need to file a lawsuit against your Louisiana contractor, it is very important to consult with a Louisiana contract lawyer. Your lawyer will review your case and advise you on the best way to resolve your issue.
Your attorney will also review any documents or contracts that you signed and provide you with advice on the laws and requirements in Louisiana. Having your attorney represent you can help ensure you receive the best possible outcome in your case.
LegalMatch provides an excellent platform for finding a Louisiana lawyer who can begin working on your claim today. Simply submit your legal question or issue on the website at no charge and prepare to receive responses from member lawyers promptly.
