Real Estate Law
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.. This to me sounds like a classic case of negligence against the original contractor. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” Better stated, “Would a reasonable contractor act in a similar manner under similar circumstances.” If the answer to that question is no, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. You may need to get a civil litigation attorney in your area to negotiate something reasonable on your behalf with the contractor.
This also appears to be a classic breach of contract against the original contractor as well because they did not perform as they promised. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.
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