Pennsylvania Complaint Against Contractor and Surety for Abandonment of Construction Project

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US-01129BG
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Description

The failure of a building contractor to substantially perform the terms and conditions of a building contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.


A surety is a person obligated by a contract under which one person agrees to pay a debt or perform a duty if the other person who is bound to pay the debt or perform the duty fails to do so. A surety is often found when someone is required to post a bond to secure a promise to perform.


This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Always inform your contractor in writing that they are at risk of breach of contract. File a complaint with your local state licensing board. When a contractor receives enough complaints, the board can choose to publish this info. You can attempt to resolve any issues by opting for arbitration or mediation.

In Pennsylvania, the shortest time for contractor statutes of limitations is two years, and this time limit is set for negligent or intentional actions that results in injury to people or property. A longer statute of limitation of four years is given to cases where a breach of contract has occurred.

Attempt Communication. Open communication and transparency are critical throughout a home improvement project where you've hired a contractor. ... Review Your Contract. ... Compile a Paper Trail. ... Send a Formal Notice. ... Legal Options. ... Look for a New Contractor. ... Leave Reviews. ... Contact Agencies to Assist.

How to Deal With a Bad Contractor Fire the Contractor. Firing your contractor may seem obvious, but it's not an easy step when things go seriously wrong. ... Request a Hearing. ... Hire an Attorney. ... Take Your Case to Small Claims Court. ... File Complaints and Bad Reviews.

If a contractor is licensed in Pennsylvania, homeowners can file a complaint with the Pennsylvania Office of Attorney General's Bureau of Consumer Protection. The Bureau investigates complaints and takes action against contractors who violate consumer protection laws.

The statute of repose in Pennsylvania generally prohibits construction lawsuits filed more than 12 years after completion of the contractor's work. As a result, you must file a case related to construction within 12 years after completion of the project.

But Pennsylvania also applies a 12 year statute of repose for claims against any person performing or furnishing the design, planning, supervision or observation of construction, or construction of any improvement to real property. 42 Pa.

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Pennsylvania Complaint Against Contractor and Surety for Abandonment of Construction Project