When an individual hires any type of contractor in Pennsylvania to complete repairs on their home or business, it is likely that they will sign a contract outlining the terms and conditions of the agreement related to the work to be done, including:
- A detailed description of the work and services that are to be completed;
- The cost of the work that is to be completed;
- The deadline when the work is supposed to be completed.
If a contractor fails to follow the terms of a contract, the homeowner or business owner can file a lawsuit against them. Issues that may cause a lawsuit to be filed against a contractor may include, but are not limited to:
- Missing a deadline or deadlines;
- Failing to perform all of the work agreed to under the contract;
- The contractor completed the work, but not in a satisfactory manner;
- The contractor completed the work, but the work violates safety standards or local zoning ordinances;
- The contractor took advantage of the owner by accepting a payment from the owner but failing to complete the work;
- The contractor overcharged, which resulted in a breach of contract claim.
Lawsuits filed by owners against contractors are usually filed in civil court. To obtain more information on suing a contractor in Pennsylvania, an individual should reach out to a local attorney in Pennsylvania.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are several different types of legal claims that owners may file against contractors, such as:
- Breach of contract
- Defective construction work
- Contract fraud
Breach of Contract
A breach of contract arises when one of the parties to a contract does not fulfill their obligations under that contract. A contractor can be held liable for breach of contract if they engage in certain conduct, such as:
- Missing deadlines;
- Not beginning projects;
- Partially completing projects;
- Not using the construction materials that were agreed upon under the contract.
The four categories of breaches of contract that can arise include:
- Minor breach: Also referred to as an impartial breach, arises when one of the parties to the contract fails to perform something under the contract but does not violate the contract as a whole;
- Material breach: Occurs when the party’s breach is so substantial that it affects the whole contract;
- Fundamental breach: Much more egregious when compared to a material breach;
- Anticipatory breach: Also called anticipatory repudiation, is a type of breach that occurs when one of the parties notifies the other party that they will not be able to fulfill the terms of their contract as they agreed to do.
Generally, breach of contract claims allow homeowners to recover damages, which may include a refund of payments that were made to the breaching contractor or covering the cost of having another contractor complete or repair the work.
Defective Construction Work
Construction defects are issues that reflect an error or other type of deficiency in the construction process. Examples of the types of defects that may be the basis of a defective construction work claim include:
- Design deficiencies: Issues with the design, such as the roof not being built to code, which can result in water intrusion or inadequate support
- Material deficiencies: Issues with materials used, for example, using inferior sheetrock in known damp areas
- Construction deficiencies: These result from poor workmanship and may include plumbing and electrical issues
- Subsurface deficiencies: This may include a home being built on a hill or another type of unstable condition without any mitigating measures
Contract Fraud
Contract fraud arises when one of the parties knowingly makes a false claim with the intent to deceive or trick the other party involved into signing the contract. This may occur, for example, when one party promises to use premium materials knowing substandard ones will actually be installed.
Can I Sue a Contractor Without a Contract?
Yes, an individual can sue a contractor in certain situations when no written contract is signed. This can be done by showing that an oral contract was formed between the parties.
For example, a homeowner may hire a contractor to paint the entire exterior of their home, but the contractor actually only paints half. In that case, the homeowner may be able to enforce the oral contract in court. If this occurs, the contract may have to partially refund the homeowner or cover the cost of having the job completed by another contractor.
Typically, the plaintiff or the individual who files the lawsuit is required to show evidence that there was an agreement to perform a service.
How Do I Sue for Breach of Contract?
Before filing a breach of contract claim, it is very important to review the contract to see if it contains any clauses that govern dispute resolution issues, such as requiring mediation or arbitration. A contract may also outline specific procedures that must be followed before a claim can be filed in a court of law and may place time limits on claims.
To successfully sue for a breach of contract, an individual must show:
- That the plaintiff entered into a contract and that the contract is valid under state contract laws;
- That the plaintiff upheld or completed their portion of the contract despite the other party not doing so;
- That the breach was a substantial or material violation of the terms of the contract:
- It is important to note that technical or minor errors in a contract will not generally qualify for a breach of contract claim; and
- That the losses the plaintiff suffered were, in fact, caused by the breach of the contract and can be calculated with a reasonable degree of certainty.
How Much Does It Cost to Sue a Contractor?
The cost of suing a contractor varies depending on the claim that is filed as well as the amount that is in dispute. For example, if an owner is suing a contractor for poor workmanship on a smaller issue, such as the installation of a cheaper tile than was agreed to, the claim can be handled in small claims court.
It may cost more to file a lawsuit against the contractor in civil court, especially in cases where the owner has legal representation. It may be a very complex issue to sue a contractor and will likely be overwhelming for an individual with no legal training or familiarity with building code and construction issues.
What Is the Statute of Limitations for Contract Disputes?
Each state has a different statute of limitations for civil wrongs, including contract disputes. The following are examples of the statutes of limitations by state for written contracts:
- Alabama: 6 years
- California: 4 years
- Florida: 5 years
- Indiana: 10 years
- Kentucky: 5 years
- Maryland: 3 years
- New York: 6 years
- Pennsylvania: 4 years
- Texas: 4 years
As noted, the State of Pennsylvania has a four-year statute of limitations for written contracts. The same statute of limitations applies to oral contracts.
Do I Need an Attorney for Suing a Contractor?
Considering suing a contractor on your own can be intimidating and overwhelming. If you find it necessary to sue a Pennsylvania contractor for an issue you have with your home or business, you should consult with a Pennsylvania contract lawyer.
Your attorney can review any contracts, as well as provide advice regarding the contractual requirements for resolving your dispute. Your attorney can also outline your rights and options under Pennsylvania law.
Having your attorney handle your contract claim will help ensure that your rights are protected throughout the case and negotiations, as well as help make sure the best possible outcome is reached.
