Unfortunately, it is a common occurrence that homeowners and contractors do not enter into formal written agreements and oftentimes both rely on a bid or an invoice. Although commonplace, this has led to many lawsuits by either the homeowner or contractor over misunderstandings that could have been resolved had the parties written out their expectations at the outset. This includes: what specific construction tasks are to be performed; written change orders for anything beyond the original scope of the contract; including an attorney’s fees clause; specifying the dates and timing of payment; and providing a total project not to exceed cost.
For homeowners, if you are in a position where a contractor took your deposit and never performed the work or performed the work poorly, you not only have an action against the contractor but also against their bond, if available.
For contractors, if a homeowner failed to pay you for your contractually agreed work that you performed well, then you have the option to file a lien on the property that your performed work on, thus securing with real estate the amount owed to you.
Smythe & Jones PLLC is well versed in representing both homeowners and contractors in all aspects of construction disputes. However, time is essential in these matters whether it is to attach to the bond, recording a real estate lien, or having a materialman’s lien released from your home, get us on board promptly for the best results.