ABA Family Legal Guide

Home Ownership

Remodeling

Troubleshooting the Project

What can I do if the contractor violates the contract?

If you believe there has been a contract violation, first bring the matter to the attention of the contractor with a telephone call or a conversation. For example, if you came home from work one day and found that the new picture window was in the wrong place, call the contractor immediately. To protect yourself, make a note of the conversation, summarizing your concerns and any agreements, and send it to the contractor. Keep a copy yourself. Next, if the contractor doesn't remedy the problem within a reasonable time, ask your lawyer to write a letter stating your concerns and asking for the correction.

If that doesn't work, check to see if your contract specifies alternative dispute resolution (ADR)--that is, mediation or arbitration. That means you and the contractor will have agreed to call in a mutually acceptable third party to resolve the dispute without going to court. If your contract does not specify ADR, your initial letter and the lawyer's letter will provide you with a basis for further action with a consumer protection agency or a lawsuit, possibly in small claims court.

Either way, your options are to push for specific performance of the contract, which means forcing the remodeler to do the work as agreed, or to have the remodeler pay any extra costs you incur by having someone else correct or complete the work.