When a property owner or individual in Oregon hires a contractor to complete work, such as services or repairs, on their property, it is likely that they will sign a contract that outlines the terms and conditions of the work. The contract will also usually include other issues related to the work, for example:
- A description of the work, such as services or repairs;
- An estimate of what it will cost to complete the work, such as services or repairs;
- A deadline for when the work, such as services or repairs, should be completed.
If a contractor is unable or does not complete their responsibilities under the contract, the other party may be able to file a claim in court. Issues that may require a property owner to file a case in court may include:
- Not completing or performing all of the work, such as services or repairs, that was required under the contract;
- Missing a deadline or missing multiple deadlines;
- Not completing the work, such as services or repairs, in a satisfactory manner;
- Completing the work, such as services or repairs, 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, such as services or repairs;
- Overcharging the property owner for the work, such as services or repairs, completed.
If an individual is required to file a lawsuit against an Oregon contractor, it will likely be filed in a civil court. When filing a lawsuit against a contractor in Oregon, it is very important to consult with a local attorney in Oregon.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are a multitude of reasons why an individual may desire to file a lawsuit against a contractor in Oregon. Examples of the types of claims that are often filed against contractors include:
- Breach of contract
- Contract fraud
- Defective construction work
Breach of Contract
Breach of contract is a category of lawsuit that is filed when a party to a contract does not complete what they agreed to do under the contract. An individual can sue a contractor for breach of contract if they do not:
- Start the work, such as services or repairs;
- Meet the deadlines;
- Fully completing the work, such as services or repairs;
- Use the construction materials or fixtures as outlined in the contract.
This category of legal claim allows an individual to recover monetary damages, or compensation, for the work, such as services or repairs, that were not completed properly. In these cases, the contractor may have to give the owner a refund for the work, such as services or repairs that were not completed, or the contractor may have to pay another contractor to finish the work.
Contract Fraud
Contract fraud may occur when a party to a contract purposefully or knowingly makes a false claim that is meant to trick the other party into signing the contract. Contract fraud in construction-related situations arises when the contractor states they will use a certain quality material or fixture knowing that a lower quality material or fixture will actually be installed.
Defective Construction Work
Defective construction work includes work, such as services or repairs, that contain construction defects. Construction defects occur when the contractor does not complete or design the work, such as services or repairs, in accordance with the reasonable expectations of the buyer or in a reasonable manner.
Defective construction work can reduce the value of the property or structure. There are several categories of defects that can be the basis of a construction work lawsuit, including:
- A subsurface deficiency;
- A material deficiency;
- A construction deficiency;
- A design deficiency.
Can I Sue a Contractor Without a Contract?
It may be possible to sue a contractor when a written contract was not entered into. This may be possible when the owner can show that an oral contract was formed.
One common example of this is when the contractor did not complete the work, such as services or repairs, that they agreed they would complete. In these cases, if the owner can show an oral contract was formed, a court may require the contractor to give the owner a refund for the part of the work that was not finished or to pay for another contractor to complete the work.
How Do I Sue for Breach of Contract?
If an individual is contemplating suing a contractor for breach of contract, they should take some important steps before filing their lawsuit. This includes reviewing the contract or other legal documents that they signed to determine if there are any provisions that require a specific type of dispute resolution to be used.
In some contracts, arbitration or a different type of alternative dispute resolution will be required to resolve a dispute. When an individual does file a lawsuit for breach of contract, they will be required to show the following elements:
- A contract was formed between the parties;
- That contract is valid under the contract laws of the State of Oregon;
- The contractor did not complete their obligations under the contract;
- The breach was a material or substantial breach of the contract terms and not a minor technical error;
- The losses the plaintiff suffered were caused by the breach; and
- Those damages may 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 vary depending on several things, including:
- The type of breach;
- The amount of damages the plaintiff is requesting;
- The size of the job;
- Whether there are multiple legal issues;
- Whether the party files their claim in small claims court or civil court; and
- Whether the party has legal representation.
It is very important to have legal representation when suing a contractor because it can be a complicated and stressful process, on top of the stress that will already be present from uncompleted work. An attorney can give an individual the advantage because of their knowledge, training, and familiarity with building codes and construction issues.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations provides a limit for the amount of time that an individual has to file a lawsuit against a defendant in court. If the individual does not file their lawsuit within the statutory period, their case will be dismissed, and they will not be allowed to recover compensation.
In Oregon, the statute of limitations for written contract claims is six years. This means that a plaintiff has six years from when the issue arises to file their claim.
Do I Need an Attorney for Suing a Contractor?
If you have an issue and need to file a lawsuit against your Oregon contractor, it is essential to consult with an Oregon contract lawyer. Your lawyer can review your contract and any other documents, advise you on your legal issue, and inform you of the best steps to take.
LegalMatch is a great place to find your contractor lawyer. All you have to do is submit your legal question or issue on the website for free and receive responses from attorneys ready to help in about 24 hours.
