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To sue for breach of a construction contract, you will have to file a lawsuit with the court. This means you will have to fill out specific paperwork and give it to the court. If you are going to sue a contractor for breach of contract, it is a good idea to hire an attorney.
Identifying/Contact Information. Title and Description of the Project. Projected Timeline and Completion Date. Cost Estimate and Payment Schedule. Stop Work Clause and Stop Payment Clause. Act of God Clause. Change Order Agreement. Warranty.
In most states, this ranges from $1.500 to $15,000. It's a fairly simple process, with the judgment taking place right away and limited right of appeal.
In construction cases, breach of contract damages typically arise from defective workmanship, alterations in constructions schedules, or a failure to perform on the part of a contractor or owner. These three basic contract claims in construction cases are governed by general principles of contract law.
Breach of contract means that one party did not do what they promised to do in the agreement. A party who breaches a contract can be held legally responsible for damages. Most often, in construction contract cases, damages can include money for the party who suffered a loss or was injured by the breach.
If one of the parties to a contract fails to perform as required, this may constitute a breach of contract. This is generally the position on construction contracts, where some works are likely to have been carried out, but one or more may remain undone, incomplete or defective.
As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process.
Compensatory Damages. Consequential Damages; Liquidated Damages; Injunctions and other Equitable Relief.