What are the legal procedures to follow if your contractor is not doing his work?

Posted by Alan Finkel on September 6th, 2022

Supposedly you have hired a contractor for your home or you are involved with a contractor while working on constructing a home and a contractor doesn't perform his work as promised. It is possible that you have paid the contractor in total but the work is still pending.

To achieve the proper legal remedy, you must be aware of your rights and how to prosecute a claim. You should contact a civil rights lawyer in Johnson City, Tennessee so your contractor won’t get away with his doing and does what he owes.

Resolution of the dispute:

When there is a disagreement with a contractor, the objective is frequently to try to solve the issue as soon as possible so that contractor can resume the construction or the work he was doing so both parties do not suffer any loss.

There are several approaches to dispute resolution. Simply attempting to negotiate the matter is one possibility. You can try to reach a compromise on your own with the assistance of your attorneys, or you can work with a qualified mediator.

If your dispute cannot be resolved with simple discussion, then litigation (proceeding legally) is a possible option to follow. However, arbitration provisions are standard in construction contracts, and these provisions are frequently seen to be successful. Arbitration is actually a way to resolve disputes outside court.

If your contract has an arbitration provision, you will be required to appear before an arbitrator who will provide a binding ruling rather than going to court. 

Legal Procedures to follow:

You should make every effort to reach an agreement that would provide you with a satisfying resolution to the issues you have with the contractor's performance. This can include, for instance, a contractor agreeing to fix issues with the building project or agreeing to offer you a partial refund for work that wasn't done to your satisfaction.

You also have additional options if a contractor has broken the terms of the contract and there is no chance of reconciliation. You may choose to withhold payment in some instances, such as when a contractor has rendered no service at all, in order to avoid fulfilling your own contractual responsibilities. If the contractor filed a lawsuit against you for non-payment, you would have to show that mistake was from the contractor didn’t do the work he promised to do. 

Additionally, you could file a lawsuit or begin arbitration proceedings and ask the arbitrator or court to give you a remedy. This would include the court ordering the contractor to abide by the provisions of the agreement and carry out his responsibilities under your agreement. This would enable you to complete your job without having to hire a third party, but you could be uncomfortable dealing with a contractor you already don't trust, who is being forced to execute work as a result of a court order. 

You might potentially ask for monetary compensation for the losses you really suffered as a result of your contractor's violation of the contract. Damages would vary based on the severity of the issues you encountered and the actual harm the contractor's conduct resulted in. The main thing that you have to do in this case is to prove that the contractor failed to do his work and it has cost you a lot.

You can consult a civil rights lawyer in this case. He can help you build a strong case file and prepare you for what you have to say.  He can also propose the method that will be most suitable for your claim.