Yes, a construction attorney will help you sue a contractor for liability.
Hiring a construction attorney helps you in several ways. First, a lawyer conducts an investigation to gather physical evidence such as a copy of the construction contract and photographs of your home or business, Second, your construction attorney reviews the contract to determine whether the contractor violated one or more provisions. Third, obtaining legal support to sue a contractor ensures you file the correct legal documents, as well as file a lawsuit in a timely manner. Finally, hiring a construction attorney might motivate the contractor to negotiate a settlement or take your case to mediation for a resolution.
The most common type of lawsuit filed against a general contractor concerns a breach of contract, which can occur for several reasons.
What is a Breach of Contract?
Before your construction project starts, you and the general contractor work out the terms of a legally binding contract for both parties. Without a legally binding contract, any claims that you make in court might not persuade the judge to find the contractor liable. When a general contractor does not uphold the legal obligation to follow the terms of a contract, the general contractor has breached the written legal agreement and a construction dispute ensues.
A breach of contract can involve several types of violations.
General contractors that are licensed to do business in California must meet some of the strictest quality standards established by any other state. The general contractor hired to work on your construction project must meet every project specification as written into the contract. This includes closely following the workplace safety standards mandated by California law. One of the most common reasons for a breach of contract for inferior work concerns using poorly designed and/or manufactured materials.
For example, if you hire a general contractor that cuts corners by using poorly constructed roofing materials, you might have a strong enough case to sue for breach of contract.
Contractor Does Not Finish the Project
One of the key sections of a construction contract clearly describes the scope of the work, which includes a clause that defines the conclusion of a project. General contractors have several valid reasons for quitting a project before its conclusion, with non-payment by the client representing the most common reason for project abandonment. Invalid reasons for quitting a construction project prematurely include the contractor running out of money or changing the scope of the project.
Another important section of a construction contract presents a detailed project schedule, which the general contractor is legally obligated to follow. Just one short construction delay can snowball into several subsequent longer delays that put your project days, if not weeks behind schedule. As with abandoning a construction project, a general contractor has several valid reasons for delaying a project such as an extended stretch of stormy weather. However, the construction contract should include a section explaining the valid reasons why the contractor can stop work on your construction project. Any invalid reasons for delaying the project might be just cause for suing the contractor for breach of contract.A construction attorney can help you understand the legal ramifications of this type of business law violation.