Users' questions

Can you sue building contractor?

Can you sue building contractor?

Entering into a contract with a contractor who then fails to meet their obligations, or performs disappointing work may justify a legal claim against them. Lawsuits filed by homeowners against contractors are generally filed in civil court.

Who are construction lawyers and what do they do?

What construction lawyers do Construction law lawyers assist a wide variety of clients — anyone who touches the process of construction may need a construction attorney at some time or another. They represent large companies, individual workers, property owners, and sureties.

Do you need an attorney to build a building?

Constructing a building or taking over an older building is a major responsibility. Building codes can be very complicated and require compliance with many agencies. Speak with a real estate attorney with experience in construction law to ensure that your project gets off to the right start. Ken joined LegalMatch in January 2002.

What can a construction defect attorney do for You?

If you own property, a housing and construction defect attorney can help with problems discovered during or after construction. Construction defect attorneys handle structural engineering defects (e.g., leaky roofs and dry rot) and contractual disputes (e.g., excessive costs of construction materials and labor and the use of defective materials).

Do you need a construction lawyer to sign a contract?

Even if a party will be using a contract form they’re unfamiliar with, it’s always a good idea to have the agreement reviewed by a construction attorney before signing the dotted line.

What construction lawyers do Construction law lawyers assist a wide variety of clients — anyone who touches the process of construction may need a construction attorney at some time or another. They represent large companies, individual workers, property owners, and sureties.

Who is the best construction lawyer in America?

One of the attorneys specializing in construction law, Clifford Shapiro, was recognized by Who’s Who Legal as being one of the best construction lawyers in the nation.

Who are the construction law attorneys in Florida?

Our experienced construction litigation attorneys represent owners, contractors, subcontractors, suppliers and design professionals in disputes arising out of both public and private projects throughout Florida.

Do you have to be a board certified construction lawyer?

Board certification recognizes an attorney as an expert in construction law and requires an attorney to have special knowledge, skills, proficiency, professionalism, and ethics. Less than 1 percent of all attorneys are board certified in construction law.

Can you sue a contractor in Small Claims Court?

If these avenues still get you nowhere, you might need to sue the contractor to truly get some attention. Small claims court may or may not be the appropriate venue. Generally, small claims courts have limited jurisdiction. This means that the judges are limited in certain ways in terms of what they can do for you.

Can you win in small claims court if you are right?

Winning in small claims court isn’t always about whether you’re right. The way you present your case — and yourself — in court can also be a factor in determining whether or not you walk out the door with the winner’s ticket. If you want to win in court, remember that the standard of proof in small claims court is “substantial justice.”

How to find the correct Small Claims Court?

Locating the correct court means checking the small claims rules of your local courthouse first and making sure you have the type of case it can hear. It also means you’ve located the defendant and have made sure your local court has jurisdiction over him.

What’s the limit to sue in Small Claims Court?

Generally, small claims courts have limited jurisdiction. This means that the judges are limited in certain ways in terms of what they can do for you. Specifically, small claims courts usually have a monetary limit – for example $5,000. This means that you cannot sue for an amount more than that limit.

Can a contractor be sued in Small Claims Court?

If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer. Filing a lawsuit in civil court is an option if you are looking for the contractor to do something as part of the contract.

What happens when you win a small claims case?

When you win your case in small claims court, the judge will issue a judgment against the other party for payment to you and for court costs. Now you must collect on that judgment, and it’s not as easy as it sounds. The losing party will likely be reluctant to pay, but you do have some options…

Is there a chance of winning a lawsuit against a contractor?

Several times I have been severely damaged by a bad or corrupt contractor and opted not to pursue a lawsuit because the contractor really didn’t have anything to go after. And no matter how egregious the contractor’s action, there is never more than a 50/50 chance of winning in court.

Why is suing a home contractor may not be as beneficial?

For several months, the contractor would respond but never set a date. The mediator would not allow us to move to a court case because she said the contractor was being responsive and, let’s face it, she was going to make $3,000 when we finally sat down so it was in her interest that we waited to mediate.