Your new dream home has serious problems. You experience anger, disillusion and feelings of hopelessness when you contact the contractor and they say that they have fulfilled all of their duties and have no obligation to fix the problems.
What duties does a contractor owe a homeowner?
A contractor’s obligations to a homeowner come from two sources: the contract between the contractor and the homeowner and the contractor’s duty to perform in a workmanlike manner.
Hopefully, the homeowner has a written contract with the contractor. If not, oral contracts are enforceable but run into evidence issues with proving who promised what to whom. In cases in which there is a written contract, the contract defines the terms of the bargain: what the contractor is going to do and how much the contractor is going to be paid.
In cases where the contractor fails to do what was contracted, but still expects to be paid, that is called a breach or breaking of the contract and the contractor owes the homeowner money damages for the value of the failure to perform the contract.
It is always a very good idea to have an experienced homeowner lawyer review your contract for major construction work before you sign it.
However, in many cases, the contractor claims that the work was done, but the work was not done in a way that will last. In every contractor/homeowner relationship, the contractor owes the homeowner a duty to accomplish the work in a workmanlike manner. A workmanlike manner duty holds the contractor to accomplish the work to meet the standards of a reasonable contractor in the same line of work.
If you have problems with you home because a contractor did not do what they were hired for, please contact YourHome.Law for a consultation to discuss your situation. 614-324-3654
Attorney Thom White