Can you remove materials if not paid?

Yes… if the police will tell her that the payment (or lack of it) is a civil matter. However, if half her fence goes AWOL, it becomes a criminal matter.

How are construction lawsuits bad for your business?

While lawsuits can undoubtedly hurt your business, there are ways for contractors to fix construction lawsuits and prevent them. According to Engineers Daily, design deficiency accounts for about 38 percent of construction disputes. A design deficiency is a poorly designed, inaccurate or incomplete plan.

What to do if your building dispute remains unresolved?

If you need further advice about your options to resolve a building issue, contact us using our General enquiry online form. If your building dispute remains unresolved after going through the DBDRV process, you may be eligible for assistance from the Domestic Building Legal Service (DBLS).

Can a substandard material be a material breach?

Using substandard materials (or materials that are obviously inferior to the ones required by contract) could result in a material breach. Failing to make payment could cause a breach (more on payment disputes below). 2. Minor (“Non-Material”) Contract Breaches Not every deviation from the contract terms is a big deal.

Where to file a dispute with a contractor?

The jurisdiction of the dispute may be defined in your contract but if it isn’t, you can file in the county where your contractor is located, where you live, or where the property is based. Contact the clerk of the court to obtain and file the necessary paperwork — most courts make the information available online.

What happens if I sued a contractor for unpaid work?

If you sued a contractor for defective work that he performed at your house, the contractor’s claim against you for unpaid money for the work would be a compulsory counterclaim. If the contractor instead had a claim against you because you crashed your car into his, that would be a permissive counterclaim.

How are design deficiency disputes become construction lawsuits?

The deficiency may cause conflicts between sub and general contractors, and contractors and owners, as well as additional costs or delays in completing the project. A fast-track construction project is an example of how a design deficiency dispute becomes a construction lawsuit.

Can a contractor resolve a payment dispute amicably?

Ideally, contractors should attempt to resolve payment disputes amicably. And many such disputes can be avoided before a contractor ever signs a contract, if they undertake due diligence and also ensure their terms and conditions are clear.