PRORFETY: Can You Sue A Contractor For Damages

A company cant sue itself for damage done to its own property by its employees. Depending on the facts and events that led up to an injury however a few exceptions may apply.

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Granted suing a contractor should remain a last resort.

Can you sue a contractor for damages. Because the Contractor is Separate from the Client the Contractor Can Be Liable for Damage Done. Contractor liability insurance is designed to pay for accidents damages and injuries resulting from a contractors errors. For the most part courts do not like to punish parties for breaching standard commercial contracts absent some sort of additional malicious or harmful conduct.

For this type of order which is sometimes referred to as equitable relief you would need to file your lawsuit in a general trial court. 10 Florida allowed for principals to be held vicariously liable for an independent contractors. If your homeowners insurance company denies your claim you may be able to recoup damage from the contractors liability insurance.

If mediation is not an option and the damages you want to sue for are higher than the limit in your state you can hire an attorney for a full-fledged lawsuit. There are many reasons you can file a legal claim against a contractor. Property insurers sued the owners of the vacation home for damages caused by a gas explosion due to a contractors work removing and replacing floor tiles on the sun deck of the vacation home.

Because the wall was not your work the property damage claim may be covered. Filing costs average around 50 and you may incur additional fees for collection if your contractor loses and still doesnt pay. It states the amount of damages that will be paid if the contract is breached.

If he just stopped working and disappeared you would probably have a good case. There are several types of contract remedies available to you if the other party breaches breaks a contract and you decide to sue. Do I need a.

If a contractor accidentally causes a house fire or some other damage to your home your homeowners insurance may help cover the repair costs though your insurer would most likely reach out to the contractors insurance company for reimbursement. However the payment given to the other for a finished product could hamper this plan. This means you wont have to worry about any extra expenses.

It may become necessary to sue the contractor for breach of contract or an incomplete job done. But a contractor is not the client and is not an employee of the client. Generally a subcontractor cannot sue a general contractor for injuries sustained at a construction site.

Specific Performance of the Contractual Obligation. You hire a subcontractor to construct a brick wall but do all of the remaining work yourself. The subcontractor performs shoddy work the wall collapses and the property owner sues you for property damage.

If you signed a contract he can be in breach of that contract. Injunctions and Equitable Relief which takes the place of a cash payment in a judgment and involves forcing the other party to either stop an action or take an action. You cant sue yourself for damaging your own property.

In some cases contractors even carry faulty workmanship coverage which would allow you to recover damages for negligent work. If the construction work is defective or if he was fraudulent in some way there can be a case for suing. Unless the parties have agreed to waive the right to seek consequential damages an owner can sue for its lost profits too subject to proving that they were foreseeable Lost revenue from a scheduled NFL game or a casino operation can be a huge number.

Its expensive time-consuming and leaves you open to countersuits. As stated an independent contractor has an independent existence from the. A reputable contractor will either cover the damage themselves or be willing to file a claim with their insurance company.

Moreover small claims courts usually can only award money damages. This means that the judge cannot for example order that your contractor actually complete the work on your house. Contact the clerk of the court to obtain and file the necessary paperwork -- most courts make the information available online.

Assuming you hired a licensed contractor theyre required by law to have insurance. Liquidated damages a clause for which is often included n the contract. Youll need solid documentation to.

Specific clauses in the contract will generally back up the owner in an attempt to hold the contractor for. Contractors Errors and Omissions Coverage.

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