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Suing building contractor?

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2XMOM

Junior Member
What is the name of your state? New Hampshire

We fired our building contractor because our 2nd floor addition that he built failed building code inspections twice.

My husband had to buy more building material and had to correct all the problems himself in order to be safe and pass inspection. He has put in hours and hours of manual labor that we paid this man to do in the first place.

I have pictures and video and notes in writing from the building inspectors on why the structure wouldn't pass. We've uncovered more problems downstairs now with where the first floor meets the second and they are not easy to fix.

My questions are these:

Can I make his insurance company aware of the problems we're facing and try to get compensation from them to correct the problems?

I know I can bring him to small claims, but it's well over $5000.00 that I am seeking reimbursement for.

What is the time limitations on something like this? It's been almost 2 years.

Would a lawyer suggest we have a strong case?

Thank you for you're time and any advice on which way to move forward.
 


JETX

Senior Member
2XMOM said:
Can I make his insurance company aware of the problems we're facing and try to get compensation from them to correct the problems?
Of course you can.

I know I can bring him to small claims, but it's well over $5000.00 that I am seeking reimbursement for.
Then you have to decide whether to go for the $5k max and remain in small claims, or go for the higher amount and hire an attorney.

What is the time limitations on something like this? It's been almost 2 years.
Depends... what EXACTLY is the 'like this'?? In NH:
Breach of a written contract: 20 years
Breach of a verbal contract: 3 years
Property damage: 3 years from occurence

Would a lawyer suggest we have a strong case?
Since we haven't HEARD your case.... can't answer. Take ALL of your documents (letter to the contractor DETAILING his failures and giving time to remedy, etc.) to a local attorney.
 

2XMOM

Junior Member
I've contacted the contractor's insurance company's agent. They tell me he is covered for personal injury, property damage, etc...but damage only to things ON my property, not my property itself. (the 2nd floor he built is not supported sufficiently onto the 1st floor)

How is that contractors can get insured for everything else except for what they are doing? I just don't understand!!! There seems to be no recourse on him at all unless I'm willing to spend 1000's on an attorney who in turn may never get a penny back from him anyway.

What is the NH law about a situation like this? I'm so desperate for justice.

Thank you again.
 

JETX

Senior Member
Bottom line... if you want to bring a lawsuit against the contractor, you will have to either:
1) Graduate from an accredited law school and pass your state Bar exam, or
2) Pay an attorney who has already done that.

Though you might find an attorney willing to take this on a contingent fee basis, you will not find a 'free' attorney for a civil matter.
 

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