QUESTION

what is the remedy for a contractor who has done inferior work that requires tearing down and rebuilding?

Asked on Mar 03rd, 2021 on Civil Litigation - Virginia
More details to this question:
Cntractor built house with 8ft ceilings and the plans called for 9 foot ceilings. Now city won't approve the house for certificate of occupancy.
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2 ANSWERS

Business Litigation Attorney serving Bethesda, MD
Partner at Pels Law
You have a breach of contract claim against your contractor.  He both breached the contract with the specific question of 9 feet ceilings.   He also violated the building codes which are implicit any contract.   The problem is the contractors insurance may not cover this defect unless there was ancillary damage to other parts of the property.   I am presuming you did not require or request a bond as most residential owners do not.   Hopefully your contractor has some assets and/or some scruples and will fix the problem for you at his cost. 
Answered on Mar 08th, 2021 at 9:33 AM

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Business Litigation Attorney serving Bethesda, MD
Partner at Pels Law
You have a breach of contract claim against your contractor.  He both breached the contract with the specific Quetion of 9 feet ceilings.   He also violated the building codes which are implicit any contract.   The problem is the contractors insurance may not cover this defect unless there was ancillary damage to other parts of the property.   I am presuming you did not require or request a bond as most residential owners do not.   Hopefully your contractor has some assets and/or some scruples and will fix the problem for you at his cost. 
Answered on Mar 08th, 2021 at 9:32 AM

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