How to Determine When to Sue a Contractor
Understanding common reasons for lawsuits against contractors: Breach of Contract: A breach is defined in Black’s Law Dictionary as "the violation of a contractual obligation, either by a personal failure to perform one’s own promise or by an interference with the other party’s performance." In other words, a breach happens when a contractor fails to do something he or she promised to do in an agreement. A breach does not require that the contractor intentionally violate the contract. The contractor need not act in bad faith – he can simply be negligent. If you have a contract and the contractor failed to fulfill it, your case may be a good candidate for a lawsuit . Poorly Done Work: A breach does not have to occur in order for you to sue a contractor. You have a case if the contractor simply does a poor job. An example of poor workmanship would be a homeowner hiring a contractor to install a ceiling fan and the contractor never showing up to do the work, or showing up and not having the right tools. Failure to Complete Work: A contractor may breach a contract by failing to complete a project on time and without a legal excuse. If a contractor promised to finish work and did not, then you have a case for suing the contractor.
How to Find a Construction Law Attorney
Finding a lawyer who has experience in construction law and has worked on a case involving suing a contractor is an important step when making your choice. Start by searching online for lawyers located in your area who focus on construction law. Look for lawyers who are listed in AVVO or other directories and read what ratings they have. After searching for lawyers in your area, take the time to look up their websites which should give you more information regarding their experience in construction law, their case results, some testimonials from past clients and what types of fees they charge. Never hire a lawyer only based on what is on the website, however, rather use the websites as a starting point. This will help you to narrow down your list of potential lawyers to interview.
The next step is to schedule an interview with some of the lawyers you found listed online. This can be done online or by telephone. Ask them if they have experience in handling cases against contractors and ask them what their results have been. Gauge how he or she answers your questions and watch how he or she interacts with you. Some attorneys who have experience requiring suing contractors may also offer free consultations.
As you interview lawyers, ask them if they have any experience in handling construction defect claims similar to your case. You can also ask them about any specific experience with your client Denver contractors which can be helpful. For example, if you have been a victim of a bad Denver fence contractor, ask them how many cases they have handled against Denver fence contractors. Such specific information can help you choose the right lawyer to sue a fence contractor.
The most important thing to remember as you choose a lawyer to sue a contractor is to work with someone who has experience in construction law. If a lawyer does not have any experience dealing with legal claims involving contractors or subcontractors or with construction defect claims such as a faulty fence, he or she may not be your best choice.
What to Expect in the First Consultation with a Lawyer
When you schedule an initial consultation with a lawyer, most likely not much will happen immediately. This is because your lawyer has no way of knowing which steps to take without learning more about your case. However, this initial consultation will provide you with much useful information and help them properly assess your case.
So what should you expect? Well, the first thing they will do is listen to you. Your lawyer will ask a series of questions about your case to understand it better. For instance, they will want to know the name of the contractor and the type of work they did. They will most likely want to know why you hired this contractor and what you expected from them. They will probably also ask about your expectations of your lawyers. They will also ask you how much money you lost. Remember, a contractor is a business and doesn’t want to be sued over nickels and dimes.
It is also the responsibility of the lawyer to explain their fee structure to you. They’ll give you much general information and let you know what kind of a retainer is necessary.
The meeting concludes with you promising to get back to the lawyer once you’ve had a chance to review your options and a more detailed consultation (if you’re interested). Your lawyer will also leave the meeting and go over their notes. If you have managed to convince them that you have a strong case, they’ll likely offer you a copy of the retainer agreement. Most lawyers offer a free initial consultation as well, so if you’re interested in a lawsuit against a contractor, give us a call today to set up a consultation.
Legal Steps In Suing a Contractor
The legal process for suing a contractor can vary greatly depending on the laws in your state or municipality. However, in nearly every case, there are some general steps that can be expected. Initially, a complaint must be filed in your local court. A complaint is a document that essentially notifies the defendant that a lawsuit has been filed against them. In some cases, this document can be served by a process server or even by mail. Typically, a time frame of 20-40 days is given for the defendant to respond with an answer. Once the answer is received, both the plaintiff and the defendant will be notified of the time and date of the first case management conference. This is where all parties will try to agree on a formal discovery plan and schedule for exchanging information about the case. Discovery refers to the process of gathering evidence of a case and includes written questions and responses, interviews and depositions. The next step is usually a "Pre-Trial Order," which provides all of the parties with a plan that will guide the case through discovery and any hearings that are scheduled, leading up to trial. After the Pre-Trial Order is in place, further discovery begins, with all parties serving each other with requests for evidence and finally appearing in court to present their cases. If there is any further delay or interruption of this process, the court can impose monetary sanctions. Evidence is done by both sides and can include interviews of employees, photographic documentation and contractors’ notes. When preparing for trial, it is important that you consult with a lawsuit attorney who has experience in handling these types of cases. At the attorney-client initial meeting, you will have the chance to discuss the merits of filing a lawsuit against the contractor. The lawsuit attorney will advise you of what to do and not do when it comes to preparation of documents and other evidence in the case. You should not assume that the contractor is liable for all the wrongs you believe they have committed. The contractor’s insurance carrier will want to understand the facts surrounding the case to determine if coverage exists. You should be cautious of agreeing to anything in writing that may jeopardize your rights.
Alternative Dispute Resolution Methods
Alternative dispute resolution options, such as mediation or arbitration, may often resolve this issue, so that court is not even necessary. Mediation is where both parties meet with a third-party neutral facilitator, a mediator, to discuss the issues and work through them towards a settlement. The mediator will have experience with these types of disputes and will work to resolve them between the parties. If that produces an acceptable result, then there’s no need for any more litigation or costs and you will be able to recover your damages or perfect your security interest in the bond. A mediator will charge a fee hourly and many mediators will require a deposit up front. The parties pay their own attorneys’ fees and share the cost of the mediator equally (unless there is some different written agreement). Mediation requires that each party act in good faith to bring the case to a resolution. Neither party is forced to settle at mediation. If an agreement cannot be made, the case proceeds as if it had never been mediated.
Arbitration is a little different. That can be either binding or non-binding. If you think you have a strong case, where the facts are clearly on your side, then a binding arbitration may be the best option . This will basically be like a trial without the formality and where an arbitrator has much more flexibility to make his or her decision. With regard to a non-binding arbitration, it will be just like a trial but which affords each party the ability to decide whether they want to pursue it further in court. An arbitration proceeding will be less formal than a court proceeding and no public record will be made. The arbitrator does not hold the same ethical duty to the parties that a judge would hold to the public, however the arbitrator is bound by ethics rules and will be someone who is experienced in mediating and arbitrating these types of disputes. Arbitrations are less expensive than trials and the proceedings are usually completed in a few hours to a few days. Formal discovery is not allowed and thus expenses incurred to gather documents in advance of the arbitration are greatly reduced. The arbitrator does not have to follow the strict rules of evidence and therefore much of the evidence would be admissible in an arbitration whereas it might not be in a court proceeding. The arbitrator’s decision would be final and would be enforceable like a court order. There is only a limited ability to appeal an arbitrator’s decision.
Understanding Legal Fees and Contingency Fees
If you are filing a lawsuit, it is necessary to know how much the lawyer is going charge you and how they will charge you. For example, some lawyers will sue a contractor for a flat fee, and depending on the complexity of your case, this can be a good payment method – especially since you know exactly how much your lawyer is going to cost you before you even sign a contract or give your lawyer a retainer. On the other hand, there is a certain risk to lawyers if they charge you by the flat fee method; in addition to them having time, labor, and resources tied up in your case, there is also the risk your case may take longer to resolve than the lawyers expected, and thus he or she lose money fighting your case for you. This doesn’t necessarily happen, but it is something you should be aware of.
Another way some lawyers charge is an hourly rate. As with any profession, there is a wide range for hourly costs, but expect to spend at least $200/hour for your lawyer’s time. Keep in mind there are certain things that should be charged to the client, such as the time your lawyer spends on your case in general, preparing for trial, meeting with witnesses and experts, and drafting motions, as well as professional work, such as sending and responding to letters, phone calls with other party and the court, and reading correspondence between you and other parties.
Another form of payment that might work better for you or your lawyer is a contingency fee. A contingency fee is a percentage of your net damages. Contingent fees are not permitted in all types of cases and may be negotiable in some cases, but if you have been told that you have a good and strong case, your lawyer might suggest this type of payment. However, you should also consider if you are more willing to pay a fixed fee for your case and not roll the dice on "if" or "how much" you might get back in return for hiring your attorney and filing a lawsuit against the contractor.
If you have no idea what your case might be worth, and the dollar amount keeps changing, you may be better off going with a flat fee arrangement, so you know exactly how much your lawyer will cost you. If you are unsure about your case, but your lawyer has taken a guess that is somewhere between your best guess, and the current status of your case, you might want to try a contingency fee situation instead.
How to Prepare for Court
The first step in preparing for court is to gather as much relevant evidence as possible. This includes all documentation related to the project, such as contracts, receipts, invoices, and warranties. It is also helpful to have photographs or videos of the work completed by the contractor, as well as any written communications between you and the contractor. This documentation will be essential in proving your case in court.
In some cases, it may also be necessary to bring in expert testimony. For example, if there is a dispute about the quality of the work or the cost of materials, an expert can provide testimony about industry standards and practices . This testimony can help the judge or jury understand the issues at hand and make a more informed decision.
When presenting your case in court, it is important to be clear and concise. The judge or jury will only be able to consider the evidence that is presented to them, so it is crucial to stick to the facts and avoid any unnecessary embellishments or exaggerations. It is also essential to remain calm and composed throughout the process, even if the opposing counsel is trying to provoke a response. Keeping your cool will not only help you avoid any potential contempt of court charges, but will also show that you are taking the matter seriously and that you are strong enough to handle the outcome, no matter which way it goes.