Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
You do not. You are entitled to recover your damages. Damages in this case are the cost of remediating the problems created by your contractor. You are entitled to be compensated for these damages. Whether or not you actually utilize the money to make the repairs is not relevant. What is relevant is for you to be compensated for the damages caused by the contractor. If you don't make the repairs, it's likely when you do to sell the house, you will receive a lower sales price.
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Thanks for following up. Yes, you can file a suit for fraud, misrepresentation and deceptive trade practices. This would be file din a regular civil court. If it were me, I would make a demand that would make you whole; and if he refused to comply with that demand within a very short specified period of time, I would file the suit for all the above seeking your actual damages plus punitive damages. :)