Damage Control in Case of Poor Remodeling
Damage control measures when you are faced with a poor Remodeling job
Keywords: Construction Litigation lawyer(s), Construction Litigation law firm(s), Construction Litigation attorney(s)
While getting a remodeling of your home can be quite a tedious task, it can become an absolute nightmare if you are faced with a poor remodeling job. No matter if you have already vetted the contractor and also have also vetted the contract of remodeling prior to the job, you can still be faced with many kinds of remodeling problems. These can include anything from unexpected delays, failure of installation of amenities, or poor workmanship, all of which can destroy your plans of having a beautiful remodel and tarnish your hopes completely.
When this happens, damage control measures when you are faced with a poor remodeling job is your first priority. And you have to do it yourself as fast as you can and in the calmest way possible because you are literally losing money with the time you might waste. So, without further adieu, let us take a look at how can you use construction litigation law firms and do damage control over your failed remodeling job.
1. Fire the contractor
The first thing to damage control measures when you are faced with a poor remodeling job is to fire the contractor who has completely screwed up the remodeling of your home. This might seem the most obvious thing to do and you might also be itching to do so, but as your legal construction litigation lawyer will advice you, it is not an easy job.
This is because your contractor can turn this around on you and challenge you on the grounds that firing him/her is a breach of contract. So, before firing your contractor, you will have to prove it with the help of your construction litigation attorney, that the contractor breached the agreement first. And to do this, you will need to document every single time when the contractor had not lived up to your specifications of the contract.
This can be done by claiming that the contractor had not used good quality materials, or had failed to stick to the aforementioned schedule of the contract. And after you’ve made the list, you will need to send it to your contractor with the ultimatum that unless these violations are not resolved, you will be terminating the contract.
2. Request for a hearing in court
The second thing to damage control measures when you are faced with a poor remodeling job is to request a hearing. But before this you have to make sure with the help of your construction litigation lawyer that there is no binding arbitration clause in your contract.
This clause makes both parties to resolve their disputes without going to a court. If you have this clause in your contract, then you will need to check with your construction litigation law firm, as to how to present this case in front of an independent authority, who will get to make the decision of your case.
And if there is no such clause in your contract, you can still get a similar hearing. With Better Business Bureau, you can attain mediation services with nominal fees. And neither you, nor the contractor needs to be a member of the organization to get this hearing. The problem with this is the fact that you will need to get your contractor to agree upon the mediation.
3. File a case in the small claims court
The third and the best thing to damage control measures when you are faced with a poor remodeling job is to file for a court case, with the help of your construction litigation attorney in the small claims court.
In a small claims court, both parties are called and their statements are heard by the judge of your local jurisdiction. And, after consideration with both parties, the judge makes the final decision to resolve your issue. The problem with this is that, these small claims court do not offer bigger award limits than $8000. And many of these courts will award you with less money than your construction litigation lawyer fees.
4. File complaints and bad reviews
When everything fails, including your construction litigation law firm, websites like Angieslist.com and Franklinreport.com allow you to port information about bad contractors. This allows you to spread the information about your ordeal and at least put a dent in the business of the contractor who had duped you.
You can also file complaints via your state contractor licensing board, with or without your construction litigation attorney. And this can make the information provided by you public, if it gets enough complaints.
All of these steps can be done by you to control damage done by a bad remodeling job of your own. Hope this information helps you get some restoration done and let the contractor who duped you pay the prize.