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Ely
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The contractor who built my house has gone out of business

Customer Question

The contractor who built my house has gone out of business and my 6 year old house is falling apart because he did such sloppy work. I have no paperwork because his shop and all his files burned up. It is going to cost close to $10,000 just to fix the floors in 2 bathrooms, kitchen and laundry room. Do I even have a case?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation.

Yes, someone in your situation may have a case. NC has a law that new homes are built to be habitable and constructed in a workmanlike manner. The owner has 8 years to bring suit against the builder for defective or unsafe construction.

So yes, there may be a case. The hard part is tracking down the party.

If they never had a corporation, then the person himself/herself may be sued outright.

If they had a corporation but simply walked away from it (and the corporation was then voided by the state for non-payment of taxes or filing of proper yearly paperwork), then the person himself/herself may be sued outright under the doctrine of piercing the corporate veil.

If they had a corporation and properly "wound it up" (meaning closed it), then (a) the corporation may be reopened to be sued possibly depending on when they closed it, and (b) the person behind it may be sued still possibly and/or any assets that can be traced back to having been belonging to the corporation may be attached to judgment.

I would talk to counsel face to face. It is definitely worth exploring.

Good luck.

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