Can I file a lawsuit against an unlicensed contractor who did poor work?
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Can I file a lawsuit against an unlicensed contractor who did poor work?
Asked on December 10, 2012 under Business Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You can sue the contractor for breach of contract and negligence. Breach of contract and negligence are separate causes of action (claims) in your lawwuit. Your damages would be the cost of repairs (having another contractor repair the damage).
Negligence is the failure to exercise due care (that degree of care that a reasonable contractor would have exercised under the same or similar circumstances to avoid forseeable harm).
The fact that the contractor was unlicensed would be a violation of a licensing statute. Violation of a statute can be used to establish negligence.
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