Can I suea contractorfor not completing work and leaving my family in danger?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I suea contractorfor not completing work and leaving my family in danger?
I had someone remodeling my basement. This person dug up my floor so there is nothing by dirt, gravel and clay in my basement. This person will not answer my calls and will not come back and finish the work. What options do I have as far as suing him and posibly sending him to jail?
Asked on July 28, 2010 under Business Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
1) Did you have a contract or agreement with the person doing the work? If so, did it specify how the work was to be done or completed? If it did, and the person did not honor the terms of the agreement, you could sue to enforce it. You might also be able to sue for (a) return of moneys paid; and/or (b) other damages or injuries (such as costs to pay another contract to complete the work) you've suffered as a result. You should consult with an attorney to see what your rights and remedies are in this specific case.
2) You probably can't send the person to jail unless he defrauded you--e.g. took you money while intending all along to not the do the work. Most instances of bad work and contractual disputes do not rise to the level of fraud. You can discuss this with your attorney, but usually, even when there is civil liability (e.g. an obligation to pay), there is no criminal liability.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.