As many unfortunate homeowners learn, it is not uncommon to have a dispute with your contractor. South Carolina homeowners face a series of challenges, such as mold, water intrusion, construction defects, payment disputes, completion issues, and other contractor disputes. If you are facing these or similar issues, you need an experienced South Carolina construction lawyer to defend your legal rights.
The Legal Standard of Negligence
Contractors are held to the same standards of professional conduct as any other professional. This is a standard of negligence. The law requires every professional to conduct their work with the same level of care that would be used by a reasonably prudent person of similar training and experience. This is the same standard used against doctors in medical malpractice cases. It is also the standard used by drivers in auto accident cases: if you fail to drive with due care, you can be responsible for compensating any victims who are injured as a result of your negligence.
Contractors must also act with due care. This means they must perform the same work as a reasonably prudent contractor would in similar circumstances. If your contractor fails to properly seal water sources or install appliances, your home could be seriously damaged. You are entitled to compensation in cases where the contractor is negligent.
Contractual Disputes
In addition to negligence, your contractor can also face liability for breaching your contract. Delays, changes to payment schedules or delivery, and other key terms must be adhered to as they are written. Failure to do so means the contractor is in breach of the contract. This, in turn, can make the contractor liable for financial losses you sustain as a result of that breach. For example: if you must stay in a hotel for an extra week while the contractor finishes your house, this cost is a direct result of the breach of contract. Your contractor would be liable for this cost, and you could recover it in a breach of contract lawsuit.
Options for Resolving Your Contractor Dispute
A lawsuit for negligence or breach of contract can be a costly and time-consuming proposition - especially in contractor cases, which usually require expert witnesses. Luckily, there are many options for resolving your claim without a lawsuit. The simplest way is to let your attorney negotiate with the contractor on your behalf. If the attorney can effectively persuade the contractor that he or she is liable and will pay more in litigation, the contractor is often willing to settle your claim before it proceeds to litigation.
Another option is to file a complaint with the South Carolina Contractor’s Licensing Board. The Board protects the public by taking disciplinary action against contractors who perform substandard work or do not deal honestly with clients. A professional complaint is a serious problem for a contractor who wants to maintain his or her license in good standing. Many contractors will agree to make repairs or compensate you fairly in order to avoid the process.
The Right South Carolina Construction Lawyers for All Contractor Disputes
There are many options for resolving contractor disputes. It is important to consult with an experienced South Carolina construction lawyer about the right resolution of your particular dispute. Call 843.805.7003 or contact us today to schedule your consultation.