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WHAT A HOMEOWNER CAN DO WHEN A CONTRACTOR FAILS TO COMPLETE THEIR JOB

One situation that many homeowners eventually encounter concerns home construction. Whether it be new homeowners or longtime homeowners, construction can cause serious legal headaches for residents. Many construction deals can be completed with minimal conflict. However, serious tension between contractors and homeowners can arise when a contractor fails to complete a project. When this happens, there are many factors a homeowner should consider to get the job completed.

1. Contact the contractor

When a contractor fails to complete a project or give sufficient explanation for the delay/failure, the homeowner should promptly contact the contractor. It is important to determine why the job has not been completed. The contractor might have a valid reason for halting performance and a quick resolution could be found.

2. Determine whether you have completed your obligations

A homeowner will have difficulty recovering against a contractor for failure to perform if the homeowner has not completed their obligations under the original agreement. The homeowner should examine their responsibilities before deciding to take action.

3. Review the terms of the agreement

If contacting the contractor does not work, a homeowner should immediately read the terms of the initial contract. The agreement might contain essential terms or clauses which could provide guidance and resolve the issue. However, this could be a problem if the deal involved an oral contract.

4. Contact an attorney

If none of these steps work, the homeowner might want to contact an attorney for legal advice. With an attorney, the homeowner can obtain specific performance and the contractor may be required to perform his/her obligation under the initial agreement. In addition, damages may also be a possibility.

At the Nialis Law Group, we have represented many homeowners with difficult construction circumstances and have years of experience in obtaining specific performance for our clients.

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Because of the generality of the information in this article, the information may not be applicable in all situations. This discussion should not be relied upon in lieu of obtaining specific legal advice for specific situations.

ABOUT NIALIS LAW GROUP APLC ("NLG")

NLG is a full service real estate and business litigation and transactional law firm providing the highest quality service and advice to national and local businesses and individual clients. The firm has the resources to handle large projects while providing clients with personal communication on all matters.

Within the field of real estate, the firm's services include: residential and commercial property purchases and sales; boundary, easement, and title matters; foreclosure problems and construction defects; commercial leasing; homeowner association disputes; environmental law; escrow law; and real estate brokerage law. The firm also provides estate planning.

Mark Nialis holds the highest rating from the Martindale-Hubbell Law Directory, signifying "very high to preeminent legal ability" and "very high general ethical standards." His solid reputation is the result of his commitment to provide clients with excellent legal services and client communication on a cost-efficient basis.

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*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general practice standards.

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500 North State College Blvd., Suite 1200
Orange, CA 92868

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