Construction Disputes and Damages
What are the typical types of disputes that occur between a contractor and a homeowner/homeowner-to-be? If a contractor has breached his/her contract, what types of remedies/damages are available?
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Legal Options Available to Homeowners Who Use an Unlicensed Contractor
If a unlicensed contractor does a job for a consumer — be it a remodel or some other improvement– where the costs of the services and the materials exceed the threshold amount (typically $500), the homeowner is not obligated to pay the unlicensed contractor for services and materials rendered. The state licensing board which oversees the building and construction iondustry in your state could bring an action against the unlicensed contractor and impose penalties for working without a required license.
→ Read MoreSuing Your Home Construction Contractor or Builder for Construction Defects
A homeowner can file a lawsuit against a home builder or contractor (licensed or not) for a defect in an improvement. The written contract controls the obligations owed to the homeowner by the licensed contractor and vice versa in the absence of conflicting state law. Different claims and causes of action that a homeowner could bring against the contractor depends essentially upon the factual progress of the work of improvement such as delays, defective construction, invalid mechanic’s liens, improper charges, and failure to obtain required permits, inspections and certificates of improvement.
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