Consider this scenario: During a home-improvement project, contractor damage occurs on your property. What recourse do you have?
Possible bad scenarios
A contractor could damage your home while doing a job in several ways. In one instance, your contractor performs demolition work but fails to return to complete the job. It’s especially vexing if you’ve paid his required down payment. In a second scenario, the work is completed, but other aspects of your home are damaged, and the contractor may not accept responsibility for their mistakes. Documentation and communication are key to finding a resolution.
Documentation of contractor damage
- Of course, it helps if, in forethought, you had taken pictures of the area to be remodeled or repaired before the contractor began work. Before-and-after photos can be essential to your case. Regardless of whether you have photos of the area before work began, be sure to take pictures of the damaged area from both close-up and distant perspectives to provide context.
- Gather together the contract, descriptions of the work to be done, emails between you and the contractor, permits drawn, invoices, and checks paid.
- Review your contract. Look for terms describing how damage or accidents on the job site are handled, as well as details about liability and indemnification, dispute resolution, and contract termination.
- Write out a description of the expected work, your conversation with the contractor before the work began, and the terms of the agreed-upon work and the damage done.
Communication
- Always start by calling the contractor and calmly explaining the situation; then follow up with an email that recaps the conversation. Curb any anger or frustration you may feel and maintain a professional demeanor at all times. Describe the expected work, the damage found, and when you found it. Send your photos. Request that the contractor inspect the damage by a specified date.
- When the contractor arrives, show them the work and discuss the terms for them to repair and resolve the damage. Take notes during the meeting. Afterward, follow up with an email with a recap of your discussion.
- The contractor may readily agree to resolve the issue. After all, he cannot afford to risk his reputation in today’s world of online reviews. However, if the contractor balks at taking responsibility or does not do enough, take the following steps.
Uncooperative contractor? How to file a claim on your homeowner’s insurance
Check your homeowner’s insurance policy to see what to do if a contractor fails to cooperate or offers an insufficient resolution. Many policies cover damage done to your home by poor contractor service. Call your agent and explain the situation. Review the terms required to file a claim. Provide your documentation to the claims adjuster.
If your insurance covers the claim, you are made whole. If the claim is denied or your policy does not cover contractor damage, your next step should be to consider legal action.
Taking legal action due to contractor damage
Before you take legal action, write and deliver (by certified mail) a demand letter explaining the details of your complaint from start to finish and your expected resolution. If the contractor does not comply, this letter serves as the final step before you take legal action.
If the contractor does not resolve the issue satisfactorily, contact an attorney specializing in construction law. Present your situation and all of your documentation. Your lawyer will evaluate your case’s merits and propose a satisfactory settlement. He will likely recommend mediation and arbitration before litigation, as these options are far less expensive than litigation.
Another alternative to contacting an attorney is to take the contractor to small claims court (if the dollar amount of damages is below the state law cap). Any costs above the small claims cap require an attorney and a case before a superior court.
Prevention is the best resolution
Many problems like these can be avoided by doing due diligence before hiring a contractor. Search “best contractors” for the type of work you want to be done. Get personal recommendations from family and friends. Read online reviews. When contacting possible choices, always ask if they are bonded and insured, and request copies of those documents.
Before you post a negative review
It will be tempting to post flaming online reviews of the contractor. Do not post any reviews until you have completed the process and can provide a finalized scenario with an official settlement. Do not use defamatory judgmental terms like “crook,” “incompetent,” or “fraud.” Do not write long, rambling reviews. State the facts concisely and describe the outcome without rhetorical flourish. Be professional.
Related – What Does it Mean to Hire a Licensed, Bonded, and Insured Contractor?
