Can You Sue for Poor Workmanship?

After you have hired a contractor to complete a construction project, you may be unsatisfied with the quality of their service. Whether the issue is a leaky roof, an unstable foundation, or windows that do not fit properly in the wall, you may be unhappy with poor workmanship and wonder what action you can take to resolve construction defects.

Are you looking to sue a construction company for poor or faulty workmanship? We have developed this guide about when to sue a contractor to help you navigate the process of making a legal claim. 

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What Qualifies as Poor Workmanship?

In a worst-case scenario, you need to know what to do when a contractor does poor work. Before you decide whether to file a construction defect lawsuit, you may want to determine whether you have a good case, whether you can collect if you win, and whether you will be comfortable going to mediation or settling.

What Is Poor Workmanship?

Workmanship refers to the quality and skill a contractor puts into completing a project. Thus, poor workmanship typically arises when a contractor fails to follow industry quality standard practices, construction documents, or installation instructions from the manufacturer. When proper protocol is not followed, this can result in unfinished or defective work, both of which are signs of poor workmanship. This is why a contract between you and the contractor should be prepared and executed carefully.

A well-written contract should include a standard of workmanship and can serve as evidence when you are questioning the quality of the workmanship. Did the workmanship quality fall below the level of performance expected as established in the written contract? Did your contractor promise to use a particular grade of materials but instead used a lower-quality substitute?

Can You Sue for Poor Workmanship?

Yes, you can sue a builder for poor workmanship. First, make sure you have a valid construction defect claim, which means the builder did not meet the standards in your contract or broke building codes. If you have a strong claim, you can either file a lawsuit or try alternative dispute resolution (ADR) methods like mediation, which can help resolve issues more quickly. Many contractors prefer to settle problems without going to court. If the issue continues, explore all your legal options. Be sure to gather evidence such as contracts, photos of the work, and any communication with the builder, as this will support your case. It’s also a good idea to consult with a legal expert to understand your rights and next steps.

Finally, you must determine whether you can collect if you win. There are instances where court judgments, settlement agreements, or arbitral awards become difficult to enforce. A classic example would be when the contractor goes out of business. Such occurrences may make the case more complicated. Considering the complexity of construction cases, it’s best to consult an experienced attorney for guidance. Doing so can prevent wasting time, money, and effort and increase your chances of success.

What Qualifies for a Shoddy Workmanship Lawsuit?

Construction defect lawsuits are often filed when a contractor fails to adhere to the contract terms, such as by:

• Missing deadlines.
• Using inferior–grade materials.
• Completing the job unsatisfactorily.
• Failing to perform the required work.
• Overcharging for the agreed-upon work.
• Completing the job but violating safety standards.
• Accepting payment but failing to complete the work.

Construction defects may impact:

• Roofs
• Design
• Drywall
• Finishes
• Drainage
• Windows
• Structure
• Ventilation
• Engineering
• Wood floors
• Soil settlement
• Concrete slabs
• Siding and fascia

What Are the Results of Poor Workmanship?

Poor workmanship in building construction can lead to the following results:

• Molding
• Corrosion
• Leaking roofs
• Plumbing issues
• Injuries and fatalities
• Damaged electrical wiring
• Cracks in walls and foundation
• Loss of water due to evaporation

If you believe your contractor may have performed their work poorly, you may want to consult with an expert who can assess the quality of the work, along with the standards included in your contract. Fixing construction defects can be expensive and time-consuming, and litigation may be necessary.

What Is a Construction Contract or Agreement?

A construction agreement is a document in which a date is set for project completion, and parties who will be participating in the process are specified. Typically, this agreement is executed between you and the contractor, and it may include multiple clauses or sections that define the terms, conditions, and scope of your agreement. This is the point at which lawyers may be involved due to the legal writing and the stakes.

How Does a Construction Contract Work?

When you hire a contractor, both you and the contractor will sign a contract that describes the terms of the work to be completed, the time frame during which the work is to be completed, and the amount that will be paid to the contractor for the work performed. In most well-written contracts, the contractor begins with the primary line items and adapts the contract to your project’s complexity.

Construction contracts could be either a single, multipage document or a combination of several individual documents. These documents detail the various aspects of the project and your agreement. Ensure you understand the clauses of your contract documents, as these details are essential for the success of your project. Also, a residential contracting project in Massachusetts for more than $1,000 must follow strict statutory rules established by M.G.L. c. 142A s. 2.

The construction contract is a crucial step in the process of having your project completed. The contract should be as detailed as possible, including even commonsense items that should not be overlooked. To help you understand these contracts, our attorneys are available to talk. 

What Are the Types of Construction Contracts?

In the construction industry, contractors use several types of contracts, including cost-plus contracts, lump sum contracts, GMP contracts, unit price contracts, and time and materials contracts:

• Cost-plus contracts: This type of contract is also referred to as a cost-reimbursement contract and involves paying the contractor for the expenses they incur during the project, along with a set amount for profit. Costs typically include profit, direct costs like materials and labor, and indirect costs like travel and office space. This can be a risky contract for a homeowner, as you will pay for all the costs your contractor incurs, including unexpected expenses.
• Lump sum contracts: This type of contract is also referred to as a fixed price contract and is the most basic type. Lump sum contracts list a single fixed price for the work that will be completed, simplifying the process for the homeowner and the contractor.
• Guaranteed maximum price (GMP) contracts: A GMP contract limits the contract price, meaning you will not pay more than the contract price. The contractor will typically cover labor or material costs that exceed this price. With this type of contract, most of the risk lies with the contractor, as you will not pay for cost overruns.
• Unit price contracts: A unit price contract is also called a measurement contract, a remeasurement contract, or a measure and pay contract. This type of contract divides the work needed for the project into different units. Rather than estimating the cost of the entire project, prices are calculated based on each unit of work. These contracts tend to be best for a project in which it is unclear how much work will be needed.
• Time and materials contracts: A time and materials contract is usually best for a project that does not have a well-defined scope of work. This type of contract will establish a daily or hourly pay rate and reimburse the contractor for the expense of materials. As a homeowner, this can be a risk as you will cover unexpected changes, costs, and delays.

Once the type of contract is selected, you and the contractor will negotiate the contract terms. A successful contract negotiation should allow you to achieve your goals and leave both you and the builder satisfied with the terms. Ultimately, this is your project, so you should ensure you are happy with the contract and the terms you agree to.

Need help with a contract negotiation? Reach out to our experienced construction lawyers today!

What Should You Do When a Contractor Does Poor Work?

Even if you thoroughly vet your contractor and negotiate the contract before you sign it, you may still end up dealing with a bad contractor. You may feel angry and frustrated when you face poor workmanship, amenities that are never installed, and unexplained delays. This may be the point at which you want to defend yourself and rectify the situation. The following steps show what to do if a contractor does a bad job: 

1. Document the Poor Workmanship

First, document every occurrence in which your contractor fails to meet the expectations of the contract. Classic examples are when your contractor falls behind schedule or uses inferior materials. Send a letter to the contractor’s home and business addresses stating the problem must be rectified by a particular time, or they will be in breach of contract, resulting in the contract’s termination.

2. Replace Your Contractor

Another option you may have is to fire your contractor. However, this can be a complicated option, as the contractor may challenge this in court, claiming a breach of contract. To defend yourself, you must show that the contractor was the first to breach your agreement. You may also lose money, as your contract may not refund the money you have already paid them.

3. File a Complaint

States have contractor licensing boards, and if you are dealing with a bad contractor, you may want to file a complaint with yours. If enough complaints are received, this information could become public. Search “contractor licensing board” to find the board in your state.

There are also a few websites where you can share information about a bad contractor and help others avoid ending up in a similar situation. Though this may not resolve the shoddy work on your construction project, you may feel better knowing you have protected another homeowner.

4. Request a Mediation or Arbitration

The legal system offers a variety of dispute resolution options that parties can utilize. The two primary alternatives are arbitration and mediation:

• Arbitration: This is a process in which a neutral person renders a binding or nonbinding decision after hearing arguments and reviewing evidence.
• Mediation: This is a voluntary, confidential process where the parties or court appoints a neutral person called the mediator to facilitate the resolution of the dispute. The mediator helps the parties to explore different solutions and develop a mutually acceptable settlement. 

ADR avenues like mediation and arbitration are generally quicker and less expensive than litigation.

Arbitration awards may be modified or vacated on limited grounds. This can be done by the arbitrator or the court, depending on the circumstances. According to the law, the arbitrator may modify an award upon an application. The application must be submitted within 20 days of delivery of the award if there is a miscalculation of figures or description error. The award may also be modified or vacated if it’s imperfect in a matter of form not affecting the merits of the controversy. For example, this ground could apply when the arbitrator clearly expressed their intent in the record, but the award failed to reflect that intent due to an error or oversight when preparing the written reward.

The court may modify the award on the same grounds, in addition to when the arbitrators make a determination on a matter not presented to them and the court can correct the award without affecting the merits of the decision. Other than that, the grounds for a court vacating an arbitration award are extremely narrow and limited to those listed in the statute, such as fraud or corruption. Parties must remember they cannot conflict with the statute’s limited scope when adding arbitration terms to their contracts.

How Can You Sue a Contractor for Bad Work?

If a contractor’s work is subpar, as a property owner, you may have legal recourse. In cases of deceit or fraudulent practices, you may sue the contractor to recover damages for the harm you’ve suffered. To initiate legal action, you must select the appropriate legal claim that aligns with your situation. The most common construction legal claims include breach of contract claims, defective construction work claims, and fraud claims:

• Breach of contract: This happens when one party fails to meet the expectations on their side of the contract. This can occur when the contractor does not deliver their work in an appropriate time frame or fails to perform altogether. If your contractor does not begin the project, misses deadlines, fails to use agreed-upon construction materials, or partially completes the project, you may be able to make a breach of contract claim.
• Defective construction work: A construction defect may decrease your home’s value. This can include a material, design, subsurface, or construction deficiency. For example, a design deficiency may occur when a roof is not built to code, leading to inadequate support or water intrusion. A material deficiency may occur when inferior sheetrock is used in a damp area.
• Fraud or deceit: You may file a fraud or deceit claim when your contractor knowingly tricks or deceives you. For example, if your contractor tells you that your completed project will look a certain way, but the result is entirely different, you may be able to sue for fraud. You may also be able to sue for fraud if your contractor uses lower-quality or less expensive materials after receiving payment.

Should You Hire a Construction Lawsuit Attorney?

If you are thinking about suing a contractor for unfinished or shoddy work, you may want to hire an experienced construction law attorney in Massachusetts. An attorney will understand state statutes and may be able to identify any weaknesses in a construction contract. No matter whether you have a written agreement, suing your contractor can be a lengthy, complicated process. A qualified attorney will best understand the steps involved.

Why Should You Work With Calabrese Law Associates?

At Calabrese Law Associates, our firm can help you with a construction lawsuit. We can help you reach your goals and overcome legal challenges. We serve clients in the Greater Boston Area and throughout Massachusetts who need:

1. Negotiation services
2. Real estate law services
3. Construction law services
4. Appellate litigation counsel
5. Administrative law services
6. Business law services
7. Contract preparation services
8. Litigation and trial representation
9. Government regulation legal services

Your interests are prioritized, regardless of whether the solutions lie in a negotiated agreement, litigation, or another avenue. By working efficiently and being mindful of your goals and circumstances, we aim to provide high-quality legal services. 

Frequently Asked Questions (FAQs)

Below are the answers to some of the most asked questions about construction law disputes:

1. Do You Have to Pay a Contractor for Bad Work?

You may refuse to pay a contractor for shoddy work, but ensure you have a legitimate reason. For example, if you have documented evidence that the contractor failed to meet timelines or quality standards stipulated in the contract, you may withhold payment. However, considering how complex construction disputes can be, it’s best to contact an attorney as soon as you encounter any challenge.

2. What Is Construction Negligence?

Construction negligence occurs when professionals fail to meet the required standards of care, thereby resulting in damage. Construction negligence may arise in the absence of a written contract. There is no legal requirement to prove the existence of a valid agreement, although doing so typically helps you establish the presence of a duty of care. Construction negligence can happen at any stage of the construction process. The most vital thing is establishing the following:

• Duty of care: The contractor must owe the property owner a duty to take reasonable care.
• Breach of duty: The contractor must violate the duty of care owed to the property owner.
• Causation: The contractor’s actions or omissions must be attributable to the damage or loss caused. In other words, the loss must not be a remote consequence of the breach of duty.
• Damages: The customer must suffer a loss or damage as a result of the contractor’s breach of care.

3. How Do You Hold a Contractor Accountable?

The most effective way to hold a contractor accountable is by signing a contract at the beginning of the relationship and enforcing the terms in the case of a breach. The contract must clearly stipulate your intentions and expectations. Additionally, you may implement performance indicators to help you track the contractor’s performance. This implies the need to conduct audits and communicate with the contractor regularly to ensure compliance with the established standards.

You may also insert penalties and incentives as clauses in the contract. This serves as a motivation for the contractor. Examples of penalties include:

1. Withholding or deducting payment
2. Terminating the contract, whether in whole or part
3. Pursuing legal action

Incentives may include:

1. Bonuses
2. Contract extension
3. Referrals

4. How Do You Get Money Back From Poorly Done Work?

If you have paid the contractor, but they fail to deliver as expected, you may sue to recover your money. As earlier discussed, you are required to establish a cause of action, such as breach of contract, negligence or fraud. When you succeed, you can then enforce judgment. The same applies if you resolve the matter through mediation or arbitration. However, there could be some nuances, so hiring an attorney for guidance is helpful.

Contact Calabrese Law Associate Today!

Construction projects often result in disputes, especially when contractors fail to perform according to established standards. When that happens, the property owner may be left with no choice but to resort to the law for a remedy. While you have the right to sue a contractor for poor workmanship, it’s vital to examine the situation carefully before taking any steps. Partnering with an experienced construction law attorney can go a long way.

Calabrese Law Associates has knowledgeable attorneys ready to help you resolve your construction law disputes, regardless of their complexity. Our attorneys are qualified to practice in the Greater Boston Area and throughout Massachusetts, with hands-on experience handling diverse disputes. If you are doing a construction project and need legal representation, contact us today!

This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.

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While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.