My contract is fairly clear, work was 3-4 months (signed in feb 2012), after 4 months his negligance got my home destroyed (he was not past the demo stage of the small project after 4 months) and it had to be rebuilt (getting him more profit) the original project was but onhold. He resumed the original project in septemeber but stopped. He show's up once every 5 weeks and disappears after every check, I'm more than current on my payments but he comes up with excuses not to show up. Some of the work he's done is really crappy and not up to any standard. He's licensed in Maryland but I feel I'll need legal advice before filing a claim. We've moved to communicating in email to keep it in writing. I don't really know how to proceed if I even have a case. This contract was for 98,000 I've paid well 117,000 already with 17,000 to go. Which he's asking for but I don't have the entire outside of my house done which will result in losing my certificate of Occupancy in Feb, 2013
Wow! Your question about shoddy home repair raises a number of important issues that may be of broad general interest to readers of this site. I have been representing clients on both sides of these issues in Maryland and D.C. for over 20 years.
First, it is the end of January and you note your Certificate of Occupancy expires in February. Go see a local attorney immediately. It may be too late to save the C of O already.
You note that the contractor is licensed with the Home Improvement Commission. That is one of the first inquiries for other readers. Absence of a license for a contractor who does home improvements in Maryland could mean BIG trouble for that contractor.
Along with the Home Improvement Commission, Maryland has a home improvement guarantee fund. Licensed contractors post a bond that can be gone against for financial recovery. It might not cover all the damage you may have but it is something.
Generally, a civil suit keeps you from pursuing a claim with the Home Improvement Commission.
You describe considerable “delay” damages and what appears to be a great amount of professional neglect.
You mentioned that his negligence caused the destruction of your home. You also note that the contract was for $98,000, that you have paid $117K and that he wants $17K more. The attorney you go to will need to know the relation between those numbers and his negligent destruction of your home.
You will need to know very quickly what your actual damages are and an attorney is not legally "competent" to provide an expert opinion on construction or delay damages.
Your description suggests high damages and a short time frame to make a decision.
Of course, other factors can also intervene that would alter the above. This response is not intended to address all possible issues.
This is at best a general overview. I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation.
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