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Roger
Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In March of 2013, I entered into a contract with an

Customer Question

In March of 2013, I entered into a contract with an independent contractor (not legally licensed).Within a year and a half, everything began to fall apart. He was to lay new tile floors in my kitchen, foyer, laundry room, powder room, the upstairs guest bathroom and the floor in the master bathroom. He was also under contract to put in a new sink with a retractable faucet. Unfortunately, due to his shoddy work, the faucet can only be retracted manually. The grout between the tiles and the grout around the base of the floor in the bathrooms has cracked and in some cases it has come completely out. I contacted him and asked him to come out and make the corrections. After his examination of the problems, he informed me that he did nothing wrong. He told me that he would make the corrections only if I pay him. I've already paid him $5,000. I have pictures of all of his work.What can I do ?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Roger replied 8 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Under Maryland law, there is a 20 year statute of repose, which means that a property owner has 20 years in which to sue for construction defects. Here's a good link to the law: http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aias078872.pdf

Expert:  Roger replied 8 months ago.

Thus, you would have grounds to sue, and it could be possible that if you had to do so, you may spend close to or more than the claim is........but it may be that you could get this resolved with a demand letter from a lawyer.....instead of actually having to sue.

Expert:  Roger replied 8 months ago.

Also, if you did have to sue, it is possible that you could seek your legal fees, but a court awarding the same is usually far from guaranteed. Instead, whether or not you receive your attorney's fees depends on the judge.

Expert:  Roger replied 8 months ago.

So, it may be a good idea to consult a lawyer about sending a demand letter and requesting that the repairs be made by the contractor at no cost......and if that doesn't result in you getting this resolved.......you could evaluate whether the cost going forward is justified or not.

Expert:  Roger replied 8 months ago.

Since the contractor is not licensed, you can't pursue a claim through the state contractor's board.......so this would be your only redress for the sub-standard work performed by him.

Expert:  Roger replied 8 months ago.

Hi - if you need anything further, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks!

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