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insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 55467
Experience:  Practicing lawyer for 31 years
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Situation: Contractor was working on our kitchen. I had to

Customer Question

Situation: Contractor was working on our kitchen. I had to throw him off the job as he was unethical, etc...In short, we will need to redo items that he did incorrectly or completely did not do. The issue is that we contracted with his LLC which has no
assets. There are a few items that will be expensive to correct at this point and we are concerned we will not recoup the money. Do we need to have the work actually performed to recoup the money or will bringing in estimates enough if we decide to sue?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 2 years ago.

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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Customer: replied 2 years ago.
Can we sue him individually also if fraud/misrepresentation was committed prior to us signing a contract? He gave us a bus card with a fraudulent name so we were not able to do our due diligence on him. What is the best course of action? Is this the state
consumer protection or regular court? Thanks!
Expert:  insearchoftheanswer replied 2 years ago.

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. :)

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