An individual or a homeowner in the State of Missouri may have hired a contractor to perform work on their property. In that case, it is likely that they signed a contract that outlines the terms and conditions of the services, work, or repair that will be completed, which include:
- A description of the work or services;
- The cost of the work;
- The deadline when the work is supposed to be done.
A property owner will be able to file a lawsuit against a contractor if that contractor does not hold up their end of the agreement. Issues that may arise which cause a lawsuit against a contractor may include, but are not limited to:
- Failing to perform all of the work required under the contract and the contractor missing a deadline;
- Completing the job in an unsatisfactory manner;
- Completing the job but violating safety standards or local zoning ordinances;
- Taking advantage of an owner, for example, by accepting a payment but not completing the work;
- Overcharging for the work done.
A lawsuit that is filed against a contractor is typically filed in a local civil court. If an individual believes they may need to sue a Missouri contractor, it is important to consult with a local attorney in Missouri.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are many different categories of legal claims that owners may be able to make against contractors. Some of the more common examples include:
- Defective construction work;
- Breach of contract;
- Contract fraud.
Defective Construction Work
Construction defects are deficiencies in the construction or design of a structure that results from failing to design or construct the structure in a reasonable manner or in accordance with the buyer’s reasonable expectations. These defects may reduce the value of a structure.
Categories of defects that may be used as a basis for a defective construction work claim include:
- Design deficiencies: These may include the roof not being built to code, which can result in inadequate support or water intrusion.
- 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.
- Subsurface deficiencies: These may include a home being built on a hill or other unstable conditions without any mitigating measures.
Breach of Contract
Breach of contract claims arise when a party to a contract does not meet their obligations under the contract. Contractors can be sued for breach of contract in cases where they:
- Partially complete a project;
- Miss a deadline;
- Do not begin a project;
- Do not use the construction materials that they agreed to use.
The four categories of breach of contract include:
- Minor breach: A minor breach, or impartial breach, arises when one party to the contract does not perform under the contract but they do not violate the whole contract.
- Material breach: A material breach occurs when a breach is so substantial that it affects the contract in its entirety.
- Fundamental breach: A fundamental breach is considered more egregious than a material breach.
- Anticipatory breach: An anticipatory breach, or anticipatory repudiation, is a breach that occurs when a party 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 is a way a property owner can recover damages. This may include refunds of payments made to contractors or reimbursement for the costs of a second contractor completing the job.
Contract Fraud
Contract fraud occurs when one party knowingly makes a false claim so they can trick or deceive the other party into signing the contract. A common example of this issue is when a contractor agrees to install premium materials knowing they will actually install substandard materials.
Can I Sue a Contractor Without a Contract?
There may be situations in which it is possible to sue a contractor even if they did not sign a written contract. This is possible if an individual can show that an oral contract was formed.
As an example, suppose that a property owner hired a contractor to paint the whole interior of their home, but that contractor only painted 50%. The property owner may be able to enforce an oral contract for the work in court.
If that occurs, the contractor may have to refund the homeowner for the 50% of the job that was not completed. Another possibility is that the contractor is required to pay the homeowner for the cost of having the job completed by a different contractor.
In general, the individual filing the lawsuit, called the plaintiff, will have to show evidence of the contractor agreeing to perform the service. Typically, this can be shown by the partially completed work.
How Do I Sue for Breach of Contract?
Before an owner files a breach of contract claim, it is very important for them to review the contract they signed to see if there are any clauses outlining how a dispute must be resolved. For example, many contracts require arbitration in the event of a dispute.
Additionally, the contract may include specific procedures or time limits that the parties have to follow before their lawsuit can be filed in court. To show that a breach of contract occurred, a plaintiff must prove:
- That they entered into a contract;
- The contract is considered to be valid under the contract laws of the state;
- The plaintiff upheld their obligations under the contract despite the other party not upholding theirs;
- That the breach was a material or substantial violation of the contract terms;
- In other words, it was not a technical or minor error; and
- The losses the plaintiff suffered were, in fact, 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?
How much it will cost to sue a contractor in court will be different depending on the issues in the case and the amount in controversy, or the amount of damages being requested. For example, if an owner is suing a contractor for poor workmanship on a small portion of the work, such as the installation of a cheaper fixture than they agreed to, the dispute can be handled in small claims court.
However, if the issue is a larger one, it will cost more to file a claim in civil court against a contractor, especially when the owner is represented by legal counsel. Suing contractors can be a very complex endeavor and will likely be overwhelming to an individual who does not have legal training or is not familiar with building codes and construction.
What Is the Statute of Limitations for Contract Disputes?
Every state has a statute of limitations for civil wrongs, including contract disputes. A few examples of statutes of limitations by state 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.
A statute of limitations is a time limit in which an individual or party can bring their claim to court. If they fail to bring a claim within the timeframe provided by the statute, their claim will be dismissed, and they will not be able to recover any damages.
Do I Need an Attorney for Suing a Contractor?
If you think you may need to sue a Missouri contractor for an issue with a property, it is essential to consult with a Missouri contract lawyer for advice. Your lawyer will be able to review any contracts you have already signed and give you advice regarding resolving your dispute under your contract requirements and Missouri laws.
Suing a contractor on your own or handling any legal issue yourself can be overwhelming and intimidating. Your lawyer will help ensure your rights are protected and that you obtain the best possible outcome in your case.
LegalMatch is a great place to find a Missouri lawyer who can begin working on your issue today. Simply submit your legal issue or question on the website for free and wait for responses from lawyers ready to help you.
