Working with a contractor who hasn’t fulfilled their obligations with expertise, care, and according to quality standards is frustrating, especially if they don’t want to rectify the situation.
Contractor negligence can result in harmful situations, such as financial losses, project delays, and injury.
If you find yourself dealing with a situation of contractor negligence, there are important things you should do. Read the rest of this article to understand your rights, what constitutes contractor negligence, and how hiring a lawyer can help you.
What are Common Examples of Contractor Negligence?
Contractor negligence can show up in various ways. Some examples include:
- A builder doesn’t take safety precautions on site, causing physical harm to someone on the property.
- A contractor or builder’s work is faulty or unprofessional, such as when laying down foundations or installing a roof.
- A contractor doesn’t follow the correct building codes.
- A contractor causes damage to a neighbor’s property.
- A contractor and their team use low-quality materials to reduce their expenses.
How Do You Prove Contractor Negligence?
It can be challenging to prove contractor negligence. Poor work doesn’t always mean that negligence is involved. There are four important ways in which clients can prove negligence from a legal perspective.
- Duty of care. It’s the contractor’s responsibility to be professional by following safety standards and building codes.
- Violation of duty of care. Once the contractor’s duty of care is established, the client must prove that the contractor violated the duty of care. In other words, their work doesn’t meet the standards required.
- Causation. The client needs to prove that the contractor’s negligent behavior directly caused them harm, such as in the form of losses or injury.
- Damages. The client needs to show that they suffered damages, such as in the form of leaky pipes, damaged roofs, injury, or other issues.
How Should You Deal with Contractor Negligence?
When you suspect contractor negligence, it’s important to act quickly to prevent it from escalating or causing legal trouble.
Stop the Work Immediately
If the work is a safety concern, you want to stop it. This will prevent additional damage or other issues from occurring.
Keep Records of the Damage
To strengthen your case, keep a record of all important documents and interactions with your contractor. This can include:
- A copy of the contractor agreement. This will show how they have breached the contract, such as by not fulfilling their duties.
- Emails and texts between you, such as if you notified them of the issue and how they responded to you.
- Invoices for work.
- Photos, such as of the construction damage.
Explain the Issue in Writing
Before you contact a lawyer, you should reach out to the contractor and explain the issue. Notify them in writing and request that they repair or reimburse you. Sometimes this is all that’s needed to resolve the issue.
Review the Contractor Agreement
You should go back to your contractor agreement so you can identify terms and clauses that explain the contractor’s duties and how disputes should be resolved. The contract can serve as your guide for how to navigate the situation, while reminding you of your rights.
What Legal Options Do You Have for a Contractor Negligence Case?
It’s worth checking your contractor agreement for dispute-resolution processes to follow. These usually include mediation and arbitration.
Seeking legal counsel from ContractsCounsel, an online legal platform connecting clients with vetted lawyers, can help you navigate the dispute. A lawyer with years of experience will guide you on the best method for recovering your losses.
If you go ahead with mediation, this is when a neutral third party will oversee negotiations between you and the contractor. They won’t deliver a decision on how the dispute can be resolved, as it’s up to both parties to reach a settlement. By having constructive communication, you’ll avoid relationship breakdowns and find an amicable resolution.
Should mediation not be successful, you’ll have to go to arbitration. This is more formal than mediation. How it works is that you hire a neutral arbitrator to consider both parties’ evidence before delivering a final, legally-binding decision. It’s a good option if you and the other party are struggling to communicate constructively.
How Can a Lawyer Help You With Contractor Negligence?
Hiring a lawyer can help you to find the best way through the negligence situation and recover your losses. A lawyer can help you in the following ways throughout the process:
- Reviewing your contractor agreement to help you prove how the other party is not fulfilling their duties with care and professionalism.
- Helping you to choose the best method for resolving the issue, such as arbitration or mediation.
- Gathering evidence to prove negligence.
- Negotiating with the contractor to reach a favorable settlement.
- Checking if the contractor’s behavior actually counts as negligence.
- Representing you if your dispute does go to court.
- Sending your contractor a formal demand letter so that you can recover your losses.
When Should You Hire a Lawyer for Contractor Negligence?
You might not need to contact a lawyer when you first suspect contractor negligence. However, if the situation is serious, it’s important to seek legal guidance so that they can support your case.
Here are times when it’s essential to hire a lawyer:
- The contractor has caused damage. Damage could include structural issues that cost a lot of money or are a danger to people on the premises.
- The contractor isn’t responding to you. If you’ve tried to contact the contractor to work through the issue but they haven’t responded or they’re being vague, a lawyer can help you by communicating with them on your behalf.
- The contractor is demanding more money. The contractor might be trying to turn the tables on you, such as by blaming you for the issues, or requesting more money from you.
- You’re unsure of what to do. A lawyer will help you consider all your legal options based on your specific situation.
Do you need a lawyer for contractor negligence?
You don’t have to deal with contractor negligence on your own. Connect with a lawyer on ContractsCounsel, who will review your contracts, deal with the contractor on your behalf, and represent you should your case go to court. They’ll minimize your risks and prioritize your rights so you don’t have to suffer any further losses.
