A property owner may hire a contractor to complete work, repairs, or services on their property in the State of Minnesota. If so, they will typically enter into or sign a contract that outlines the terms and conditions of those services, repairs, or work.
In addition to these pieces of information, the contract for work, repairs, or services will typically include:
- A description of the work, repairs, or service;
- An estimate of what it will cost to complete the work, repairs, or service;
- A deadline for when the work, repairs, or service should be completed.
If a contractor does not complete their obligations under the contract, the owner of the property can file a claim in court. Issues that may require a property owner to file a lawsuit in a court of law can include:
- Not completing or performing all of the work, repairs, or services required under the contract;
- Missing a deadline or missing multiple deadlines;
- Not completing the work, repairs, or service in a satisfactory manner;
- Completing the work, repairs, or service 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, repairs, or services;
- Overcharging the property owner for the work, repairs, or service completed.
If a property owner is required to file a claim in court against a contractor, it will typically be filed in a civil court. If a property owner thinks they need to file a lawsuit against a Minnesota contractor, it is very important to consult with a local attorney in Minnesota.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
Numerous types of claims may be filed against a contractor in Minnesota. Examples of commonly filed claims include:
- Breach of contract
- Contract fraud
- Defective construction work
Breach of Contract
Breach of contract claims can be filed if a party does not complete their obligations under a contract. An owner can sue a contractor for breach of contract under certain conditions, including:
- They do not start the work, repairs, or service;
- Missing a deadline or multiple deadlines;
- Not fully completing the work, repairs, or service;
- Not using the construction materials or fixtures outlined in the contract.
A breach of contract claim may be used by an owner to recover monetary damages, or monetary compensation, for improperly completed or unfinished work, repairs, or services. The contractor may be required to give the property owner a refund for the work, repairs, or services that were not completed or they may have to pay another contractor to complete the work, repairs, or services.
Contract Fraud
If a party to a contract purposely or knowingly makes a false claim in order to trick another party into signing a contract, contract fraud occurs. This type of fraud often occurs when a contractor tells the other party that a specific type of material or fixture will be used knowing that a lower quality or cheaper material or fixture will actually be installed.
Defective Construction Work
Defective construction work is work that contains a construction defect. A construction defect is a contractor’s failure to construct or design in a reasonable manner or in accordance with the reasonable expectations of the buyer.
This can include issues that reduce the value of a structure or property. Examples of defects that form the basis of a construction work lawsuit include:
- A subsurface deficiency: This deficiency can include a home being built on a hill or other type of unstable condition without any mitigating measures.
- A construction deficiency: This deficiency can result from poor workmanship and may include plumbing or electrical issues.
- A design deficiency: This deficiency can include things such as the roof not being built to code, which may result in inadequate support or water intrusion.
- A material deficiency: This deficiency can include things such as inferior sheetrock being used in areas that are known to be damp.
Can I Sue a Contractor Without a Contract?
Owners may be able to sue a contractor even if there was not a written contract between the parties. The owner can do this if they can show that an oral contract was, in fact, formed.
One common example of this type of issue is when a contractor does not finish work that was to be completed, such as only completing 75% of the painting on the exterior of a home. If this happens, the owner may be able to enforce an oral contract for the rest of the work.
If the owner is successful in showing an oral contract was formed, the contractor may have to refund the owner for the 25% that was not completed. It is important to note that, typically, the individual filing the claim, called the plaintiff, is the party that is required to show that the contractor agreed to perform the work, repair, or service.
How Do I Sue for Breach of Contract?
Before filing a claim for breach of contract, the owner should review any of the contract or other documents that they signed in order to determine whether the contract contains provisions on dispute resolution. Some contracts may require that the parties use arbitration or a different type of alternative dispute resolution means to resolve a dispute.
A contract may also specify the procedures or time limits that govern disputes before they can be filed in a court of law. The plaintiff will have to prove certain elements to successfully prove their breach of contract claim, including:
- A contract was entered into;
- That contract is valid under the contract laws of the State of Minnesota;
- The plaintiff fulfilled their obligations under the contract even though the contractor did not;
- The breach was a material or substantial violation of the contract terms and not just a minor technical error;
- The losses the plaintiff suffered were caused by the breach, and they can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost of the plaintiff varies depending on numerous factors, including the damages the plaintiff is requesting, called the amount in controversy. Suing a contractor for poor workmanship on a smaller repair or job will likely cost less than suing the contractor in civil court, especially when the plaintiff has legal representation.
It is very important to have the assistance of a lawyer when suing a contractor, as it can be stressful and complex on top of the stress already caused by the incomplete work or services. Legal representation provides the advantage of the lawyer’s 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 limit on how long an individual has to file a claim against a defendant in a court of law. If the claim is not filed within that time, their claim can be dismissed, and they will be prevented from recovering any damages.
The statute of limitations for certain states across the United States includes:
- California: 4 years;
- Florida: 5 years;
- Indiana: 10 years;
- Maryland: 3 years;
- Minnesota: 6 years;
- New York: 6 years;
- Texas: 4 years.
Do I Need an Attorney for Suing a Contractor?
If you think it may be necessary to file a lawsuit against your contractor in Minnesota, you should first consult with a Minnesota contract lawyer. Your lawyer can analyze your case and provide you with advice regarding the best way to proceed.
Your lawyer will also review any contracts or documents that you signed and provide you with advice on Minnesota laws and their requirements. Having an attorney represent you will help ensure that you obtain the best outcome possible in your case.
LegalMatch is an excellent resource for finding a Minnesota lawyer who can start working on your claim against a contractor. All you have to do is submit your legal issue or question on the LegalMatch website for free in just minutes and wait for responses from lawyers who are ready to help.
