How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 102320
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Consumer Protection Law Question Here...
Ely is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year 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.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Related Consumer Protection Law Questions