In Wisconsin, similar to other states, if a property owner hires a contractor to complete work on their property, it is likely that they will sign a contract outlining the terms and conditions of the services, repairs, or work that will be completed and will also include:
- An estimate of what it will cost to complete the repair, service, or work;
- A deadline for when the repair, service, or work should be completed;
- A description of the service, repair, or work.
If a contractor does not fulfill their obligations under the contract, a property owner may be able to file a lawsuit against the contractor. Issues that may cause a property owner to have to file a lawsuit include:
- Not completing or performing all of the work that was outlined in the contract;
- Missing deadlines;
- Not completing the job or service in a satisfactory manner;
- Completing the service or job in a way that violates local zoning ordinances or safety standards;
- Taking advantage of an owner, for example, by accepting money but not completing the service or work;
- Overcharging an owner for services or work completed.
If a lawsuit is filed against a contractor, it will typically be filed in a local civil court. If a property owner thinks they may need to file a lawsuit against a Wisconsin contractor, they should consult with a local attorney in Wisconsin.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
There are numerous different legal claims that can be filed against contractors, which commonly include:
- Contract fraud
- Defective construction work
- Breach of contract
Contract Fraud
If a party to a contract purposely or knowingly makes a false claim that is meant to trick the other party into signing a contract, contract fraud has been committed. This commonly occurs when a contractor says that one type of material will be used, such as a more costly material, knowing that they will actually be installing a material of much lower quality.
Defective Construction Work
A construction defect is an issue with the construction or design of a certain structure that results from a failure to design or construct that structure in accordance with the buyer’s reasonable expectations or in a reasonable manner. In addition, there may be issues that reduce the value of the structure or property.
Examples of defects that may serve as the basis for a defective construction work lawsuit include:
- Construction deficiencies: These deficiencies can result from poor workmanship and may include electrical or plumbing issues.
- Material deficiencies: These deficiencies can include inferior sheetrock being used in known areas that are damp.
- Design deficiencies: These deficiencies can include the roof not being built to code, which can result in inadequate support or water intrusion.
- Subsurface deficiencies: These deficiencies can include a home being built on a hill or other unstable conditions without any mitigating measures.
Breach of Contract
Breach of contract claims can occur when one of the parties does not fulfill their obligations or requirements under the contract. A contractor may be sued for breach of contract if they do any of the following:
- Do not start a project;
- Miss a deadline;
- Only partially complete a project;
- Do not use the construction materials agreed to.
A breach of contract claim can be used by a property owner to recover monetary compensation, or damages, for issues related to their project. Contractors may, for example, have to give a refund for the difference or cover the cost of another contractor finishing the job.
Can I Sue a Contractor Without a Contract?
In some instances, a property owner may be able to sue a contractor without a written contract being signed. This is possible in situations where the owner can show that an oral contract was formed.
Suppose that an owner hired a contractor to paint the whole exterior of their home, but the contractor only completed 40% of the work. In this instance, the owner may be able to enforce an oral contract in court for the completion of the work.
If the owner is successful in court, the contractor may have to pay the owner a refund for the 60% of the work that was not done. In general, the owner or plaintiff will be the party required to show the contractor had orally agreed to perform the work or service.
How Do I Sue for Breach of Contract?
Prior to filing a breach of contract case, property owners should review any contract they signed in order to determine whether or not there is any type of clause that governs how disputes are to be resolved. There are certain contracts that require the parties to enter into arbitration to resolve any type of dispute.
Additionally, a contract may include time limits or procedures that will apply before a claim can be filed in a court of law. The plaintiff will be required to prove certain elements to succeed in a breach of contract case, including:
- A contract was entered into;
- That contract is valid under the contract laws of Wisconsin;
- The plaintiff fulfilled their obligations under the contract even though the contractor did not uphold theirs;
- The breach was a material or substantial violation of the contract terms and not merely a minor technical error;
- The losses the plaintiff suffered were caused by the breach of contract, and those losses can 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 will depend on several issues, including the amount in controversy or the amount of damages the plaintiff requests. For example, suing a contractor for poor workmanship on a small job will likely cost less than suing the contractor in court for a major issue, especially if the owner has an attorney representing them.
It is important to have legal representation in these types of cases, as suing a contractor can be complex. Having a legal representative who has the training and knowledge of the law, as well as construction and building codes, will help ensure the success of a claim.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations for written contract disputes varies by state. Examples of statutes of limitations for these types of contracts include:
- California: 4 years
- Florida: 5 years
- Indiana: 10 years
- Maryland: 3 years
- New York: 6 years
- Texas: 4 years
- Wisconsin: 6 years
A statute of limitations is a time limit to when an individual can file a legal claim in court. If a plaintiff does not file their claim within the amount of time provided in the statute, their claim will be dismissed and they will not be eligible to recover damages.
Do I Need an Attorney for Suing a Contractor?
If you think you may need to file a lawsuit against a Wisconsin contractor, it is essential to first consult with a Wisconsin contract lawyer. Your attorney will be able to give you an analysis of your case as well as advice on how to proceed.
Your lawyer can review any contracts or documents you signed, as well as provide you with advice on Wisconsin contract laws and requirements. Having an attorney will help ensure the best outcome for your claim while also protecting your rights.
LegalMatch can help you find a Wisconsin attorney who can start working on your claim as soon as possible. Just submit your legal concern for free on the website, and responses from lawyers who are ready to help will be sent to you promptly.
