An experienced contractor dispute attorney knows that given the complex nature of construction projects, when a dispute arises between a property owner and a contractor, these disputes often result in litigation. In other words, contractual issues involving contractors often end up in court.
We’ve outlined some ways to address problems with your client or contractor on your own and when to call a contractor dispute attorney.
Resolving the Issue on Your Own Without a Contractor Dispute Attorney
When dealing with a dispute with a contractor or client, there are several steps you can take to resolve the issue. These range from direct negotiation to formal legal actions. Here’s a structured approach you might consider:
Direct Communication Is Key
Begin by addressing the issue directly with the contractor or client. This can often be the quickest and most cost-effective way to resolve a dispute.
According to our contractor dispute attorney, you should follow these steps when addressing the issue:
- Clearly state your concerns and desired outcomes.
- Keep a record of all communications, because can be helpful in case the dispute escalates. This includes saving all emails and texts.
- Take photos and retain them in case you need them later.
- If you discuss something verbally, send a confirming text or email so you create a paper trail of what was discussed and agreed to.
For example, if my contractor tells me over the phone that he’s going to paint the baseboards in the kitchen, I should send a follow up text saying, “It was great chatting with you today. Just to confirm, you will be painting the baseboards in the kitchen.” That way, if they fail to respond with a text along the lines of “I never said that” it will be harder for the contractor to later argue to the judge that they never agreed to paint the baseboards.
Review Your Contract Before Hiring a Contractor Dispute Attorney
Before taking further steps, you should always review the contract you have. It’s important to look at what it says about dispute resolution, the scope of work, timelines, payment terms, and any warranty or guarantee. This will help you understand your rights and obligations. Some key sections to look out for:
- Is there an attorneys’ fee clause that would allow you to recover fees?
- Is there a right to cure/notice provision that you must follow?
- Is there an arbitration/mediation clause that prevents you from filing a lawsuit?
Filing a CSLB Complaint on Your Own or With a Contractor Dispute Attorney
If you’re in a region where the Contractors State License Board (CSLB) operates (like California), you can file a complaint with them. The CSLB can help in situations where the contractor has violated state law.
The CSLB website will also be the place you can find a contractor’s license number and bond information. The CSLB does not typically consult with your attorney – this is a claim you can and should make on your own, and the website has a user-friendly glide path to help you with the process. You may find this simple, but if you aren’t sure how to do this, you can ask a contractor dispute attorney for help if you must.
Make a Bond Claim with the Help of a Contractor Dispute Attorney
If your contractor is bonded, you can file a claim against this bond. Contractor bonds are a form of insurance that contractors are required to have in some jurisdictions. They protect against incomplete work, non-compliance with building codes, or other contract violations.
To make a bond claim, you will need to contact the surety company that issued the bond and provide evidence of your claim. The surety company is the company responsible for issuing the surety bonds. Surety bonds are the written agreement that help ensure the customer a guarantee that the work will be completed as promised.
A contractor dispute attorney can help you with a bond claim, or you can file one on your own if you feel comfortable. Typically, it’s best to have a contractor dispute attorney’s help when filing a blond claim to protect your interests if you need to eventually litigate the issue.
Civil Litigation Requires a Contractor Dispute Attorney with Litigation Skills
If other methods fail, you can consider civil litigation, but if you do want to take the issue to court, make sure that you hire a contractor dispute attorney with excellent litigation skills, because it will make a difference in the outcome of your case.
Civil litigation involves taking legal action against the contractor or client in court. It’s usually a last resort due to the time and expense involved. In litigation, you’ll need to prove that the contractor or client breached the contract or was negligent. It’s advisable to consult with an attorney who specializes in construction law and contractor disputes because they will fully understand the merits of your case and the legal process.
Construction projects are complicated, with contracts that often involve many different parties. Sometimes, a client may sue a contractor even if they aren’t to blame. Contractors may try to shift the blame to others, either to avoid responsibility or because they honestly believe someone else caused the problem. In these cases, it’s important to have a lawyer who understands how these situations work and can help protect your rights.
Our contractor dispute attorney suggests starting with pre-litigation negotiations (typically in the form of a demand letter on attorney letter head). Pre-litigation negotiations are advisable because they may keep your attorney and court costs down.
When to Consult a Contractor Dispute Attorney
At any stage of a dispute, it will usually be beneficial to consult with a contractor dispute attorney, but we understand that costs are a factor. A contractor dispute attorney can provide legal advice specific to your situation, help you understand your rights, and guide you through the more complex aspects of dispute resolution.
Remember, the best approach depends on the specifics of your situation, including the nature of the dispute, the terms of your contract, and local laws but a few things are always true:
- It’s important to keep all documentation related to your project and the dispute, as this will be critical in any form of dispute resolution. This could include completed project photos, poor workmanship, abandonment of a project, or illegal practices.
- It’s important to keep a record of all communications with any contractor or client, but especially once you notice that they may not be following through on the payment, project, or terms of the project as promised.
- The CSLB has the authority to investigate complaints and take disciplinary action against the contractor.
- The CSLB will often offer free mediation and resolution services.
Do You Need an Experienced Contractor Dispute Attorney?
While a contractor dispute attorney can be beneficial at any stage of a dispute with a contractor, if you need to sue your contractor or client because they have broken their contract, it’s important to call an experienced contractor dispute attorney. If you are in Texas or California and need a civil litigation attorney with experience in construction law to help you file a lawsuit, contact us today.
