In the State of Maryland, as in many other states, when a property owner hires a contractor to perform work on their property, they will likely sign a contract that includes the terms and conditions of the work, repairs, or services that will be completed, including:
- The deadline when the work is supposed to be done;
- A description of the work or services;
- The cost or estimated cost of the work.
If the contractor does not hold up their end of the agreement, the owner may be able to file a lawsuit against them. Issues that can result in a lawsuit being filed against a contractor include, but may not be limited to:
- Not performing all of the work required under the contract;
- The contractor missed a deadline;
- Completing the job in an unsatisfactory manner;
- Completing the job in a way that violates safety standards or any local zoning ordinances;
- Taking advantage of the owner, such as by accepting payment but not completing the work;
- Overcharging for the work completed.
Lawsuits that are filed against contractors are usually filed in the local civil court. If an individual is considering filing a lawsuit against a Maryland contractor, they should consult with a local attorney in Maryland.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are different types of claims that owners may be able to file against contractors. Examples of claims that are commonly filed include:
- Contract fraud
- Defective construction work
- Breach of contract
Contract Fraud
When one of the parties knowingly or purposefully makes a false claim that is intended to trick the other party into signing the contract, they have committed contract fraud. A common example of this issue is when a contractor states that premium materials will be used when they know that the materials installed will actually be substandard.
Defective Construction Work
Construction defects are issues with the design or construction of a structure that is a result of the failure to design or construct that structure in a reasonable way or in accordance with the buyer’s reasonable expectations. These may also be issues that reduce the value of the structure.
Defects that may be the basis of a defective construction work claim can include, but may not be limited to:
- Design deficiencies: These may include the roof not being built to code, which can result in inadequate support or water intrusion.
- Subsurface deficiencies: These may include a home being built on a hill or other unstable conditions without any mitigating measures.
- Material deficiencies: These may include inferior sheetrock being used in known areas that are damp.
- Construction deficiencies: These result from poor workmanship and may include electrical or plumbing issues.
Breach of Contract
A breach of contract claim may arise when one of the parties to the contract does not meet its requirements or obligations under that contract. For example, contractors can be used for breach of contract if they:
- Do not start a project;
- Only partially complete a project;
- Miss a deadline;
- Do not use the construction materials agreed to.
Breach of contract claims are used by owners to recover damages, or monetary compensation, for issues related to the project. For example, a contractor may be required to provide a refund or cover the cost of having another party finish the job.
Can I Sue a Contractor Without a Contract?
In certain situations, yes, an individual may sue a contractor without a written contract being signed. This can be done when the individual can show that an oral contract was formed.
For example, suppose an individual hired a contractor to paint the entire exterior of their house, but that contractor only painted 80% of it. The owner may enforce the oral contract in court to paint the entire home.
If the owner is successful, the contractor may be required to provide the owner with a refund for the 20% of the painting that was not completed. Generally, the plaintiff, or individual making the claim, is the one who is required to show that the contractor agreed to perform the service.
How Do I Sue for Breach of Contract?
Before filing a breach of contract claim, a property owner should review the contract that they signed to determine if there are any clauses governing how the dispute has to be resolved. There are many contracts that require the parties to participate in arbitration to resolve a dispute.
In addition, the contract can include procedures or time limits that will apply before the lawsuit can be filed in a court of law. A plaintiff must show the following to prove that a breach of contract occurred:
- That a contract was entered into;
- The contract is valid under the contract laws of the State of Maryland;
- The plaintiff completed their obligations under the contract even though the other party did not uphold theirs;
- The breach was a material or substantial violation of the contract terms, meaning it was not merely a minor technical error; and
- The losses the plaintiff suffered were caused by the breach of contract and are able to be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost of suing a contractor will depend on these issues as well as the amount in controversy, which is the amount of damages that is being requested. As an example, suing a contractor for poor workmanship on a small job, such as installing a cheaper material than was agreed to, is a dispute that can be handled in small claims court.
However, if the issue is a larger or more costly issue, it costs more to file a claim in civil court against a contractor, especially when the owner hires a lawyer to represent them. However, suing a contractor can be a complicated thing to do, so having a representative with legal training and knowledge of construction and building codes will help ensure the success of the claim.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations for contract disputes varies by state. Examples of statutes of limitations for written contracts include:
- California: 4 years;
- Florida: 5 years;
- Indiana: 10 years;
- Maryland: 3 years;
- Missouri: 10 years:
- If the contract is for something other than payment of money or property, the statute of limitations is five years.
- New York: 6 years;
- Texas: 4 years.
The statute of limitations is a time limit during which an individual must file their claim in court. If they do not do so within the required time, their case will be dismissed and they will not have the opportunity to recover damages.
Do I Need an Attorney for Suing a Contractor?
If you are considering filing a lawsuit against a Maryland contractor, it is very important to first consult with a Maryland contract lawyer. Even if you are considering only filing in a small claims court, your lawyer can provide you with a case analysis and advice on how to proceed.
Your attorney can also review the contract you signed and provide you with advice on Maryland contract laws and requirements. Your attorney will help you obtain the best outcome for your case while protecting your rights through the process.
LegalMatch can help you find a Maryland lawyer who can begin working on your claim today. Just submit your legal issue on the website for free and wait for responses from lawyers ready to help you promptly.
