The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Montana Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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US-01132BG
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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FAQ
How to deal with poor workmanship Gather evidence. Take photos of the problems. ... Speak to your trader. Call the builder to let them know you're unhappy with the work and how you want them to put it right. ... Start a formal complaint. ... Use an Alternative Dispute Resolution (ADR) scheme. ... Contact trading standards. ... By builders. ... DIY.
In the UK, the builder is generally responsible for defects for a period of 6 years from the completion of the construction work. This is in ance with the Limitation Act 1980, which sets out the time limits for bringing legal claims for breach of contract or negligence.
Montana has a ten year statute of repose for construction defects. MCA § 27-2-208. However, if the injury occurred in the tenth year, the claim may be brought within one year of the injury occurring.
Carry out work using reasonable skill and care. do the work at a reasonable price, unless a specific price is agreed. complete the work within a reasonable time, unless a specific time-scale is agreed. provide parts, materials and goods that are of satisfactory quality, fit for their purpose, and correctly described.
Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 10 years. Pricing based on low flat rates per home. Builder liability in the Montana CSW program is limited to 1 year only.