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He tore my apartment house apart and then walked away and never finished it. I have already lost almost $30,000.00 and if the apartment is not rentable, I will be out an additional $70,000.00. This contractor was supposed to be licensed and insured but when he was told to work with code enforcement, he took off and left me with a gutted apartment and numerous losses not only on the gutted apartment but the 2 apartments he was not allowed to touch. Due to his carelessness and incompetence, I have lost thousands of dollars in jewelry and clothes because of drywall and construction materials improperly disposed of caused a blockage in my sewer pipes and major flooding through the ceilings of my apartments. I am also losing money on damages caused by his laborers that he did not train or supervise.
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A lawsuit is started by filing a complaint in the court. In this case, it should be in the Supreme Court (the amount of damages is too large for the lower courts). The complaint can be filed in the county where your damaged property is located or in the county where the contractor maintains his office. Technically, you can prepare and file a complaint yourself but, from experience, it is not likely to be a good idea. Do yourself a favor: find an attorney to have your case done right from the outset. A bit of advice: you have 3 years to start the case; however, you should not sit and watch your damages grow. If you do nothing to correct the situation, the court will not order that contractor to pay for the consequences of his breach of contract. You will have to show that you have taken reasonable steps to mitigate (limit) your damages. You likely should hire another contractor to repair the property and make the apartments rentable. But don't take my guess for guidance - tell an attorney everything about your case and ask him/her what you have to do with the property under the circumstances.
Answered on Jun 30th, 2016 at 7:16 AM