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Can I sue if a contractor does a poor job and refuses to remedy it?

On Behalf of | Jul 28, 2023 | Construction Litigation |

Finding out that your new construction project or remodeling project has serious problems is frustrating. Imagine how it feels when you find out the defects with your project were due to your  contractor’s failure to comply with the terms of the contractor or a subcontractor’s negligent work.

Unfortunately, many people in Raleigh and Wake County North Carolina find themselves in this expensive and aggravating scenario. When you find yourself in this situation, it is important to review the terms of your contract carefully and to consult with a construction law attorney.  The contract will determine how you may proceed and whether you can file a lawsuit in Civil Court or if you are required to resolve your dispute in Arbitration.  These processes are very different in many ways.

A construction attorney can evaluate your contract and guide you as to your best course of action.  They can also determine what legal claims are available to you. There is more than one legal theory under which a property owner can sue a builder and/or subcontractor over a construction defect.  The most common claims that property owners bring is one for breach of contract, but other claims such as negligence, breach of implied warranties and others may be available depending on the language of your contract and the facts of your case.

There are time limitations or “statutes of limitation” that apply to construction law cases.  Most claims require you to start a lawsuit or arbitration no later than three years from when you discover or should have discovered the construction defect.  Therefore, to protect your rights and investment, you should reach out to a construction attorney as soon as you realize there is a problem with your construction project.

Property owners can protect themselves by having a construction attorney review their contract BEFORE it is signed.  Many property owners waive their available rights and have no idea that they did so.  It is always best to take this precaution before undertaking any construction project regardless of the size.

Construction defect litigation can be highly complex and involve areas of the law few homeowners deal with regularly. If you are unsure what to do about your construction defect, a discussion with an attorney can shed some light on the matter. Triangle Law Group has attorneys who can assist you.

 

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