Phoenix Home Renovation Attorneys – Arizona
Helping Clients Seek Justice During Home Renovation Litigation
In the post-COVID-19 world, many individuals and families seek to renovate their homes, either because of a rising housing market or because they spend more time at home. With the rise in home renovation projects comes increasing legal disputes. Problems could arise with contractors who are not properly licensed or misrepresent their services. Individuals could also have legal trouble when they do not submit the proper permits to their governing entity, such as the city or county.
When you are facing a legal dispute, you deserve help from knowledgeable attorneys who care about seeking your best interests. At Resolvere Law PLLC, we have dedicated our time and energy to seeking justice on behalf of people who are dealing with legal issues. We have helped countless families over the decades and know what it takes to get favorable results when dealing with home renovation litigation. Call our law office today at 480-568-1327 to schedule your free initial consultation and see what a difference it makes when you work with experienced, compassionate attorneys.
What Are Arizona’s Laws Regarding Home Renovation?
The State of Arizona has prescribed strict regulations to safeguard the well-being of citizens who wish to upgrade and expand their homes. With some exceptions, the law requires renovations to be completed by licensed contractors who have undergone proper training and submitted fingerprinting for a background check. Individuals who practice home renovation without fulfilling these requirements may be held liable for civil penalties and possibly even criminal charges.
On the other hand, homeowners are permitted to handle certain projects on their own without licensing. This includes small projects under a $1,000 limit. The homeowner must also not be planning to sell or rent the home, meaning they cannot do so for at least a year after the project takes place.
Additional laws in The Grand Canyon State require those selling a home to disclose any known defects that are reasonably serious and not obvious to a visual inspection. If the home is sold and problems arise that the homeowner knew or should have known about, they could face legal action. If you find yourself in a tough legal situation regarding a fraudulent renovation or home sale, please reach out to our team of attorneys right away for help.
What Are Some Common Home Renovation Disputes?
Home improvement projects are exciting! However, they can come with significant legal challenges for homeowners and contractors. Homeowners enter into agreements with contractors expecting quality work but may be forced to deal with delays, shoddy workmanship, misrepresentation of the contractor’s abilities, and financial disputes. Understanding the legal risks you may run into before a renovation project can help you protect yourself and seek legal remedies when needed.
The most frequent legal issues homeowners face during renovations include:
- Breach of contract: When a contractor fails to complete the work on time, doesn’t complete the project as agreed upon in the home improvement contract, or abandons the project, the homeowner may be able to pursue legal action.
- Poor workmanship: If the completed renovation is not up to industry standards and cause structural defects and safety hazards, they open themselves up to legal consequences.
- Unauthorized changes & hidden costs: Your home improvement contract agreement should outline the scope of the project in great detail. If a contractor makes unauthorized changes to the plans that increase costs and lead to disputes, you may be able to sue on the grounds of breach of the construction contract.
- Failure to obtain permits: Contractors must obtain all required permits before the project starts. If a contractor fails to obtain the necessary permits, homeowners can face penalties and delays and have a harder time selling the home.
- Payment disputes: Some contractors require upfront payments and then disappear without completing their contractual obligations, leaving homeowners with unfinished work and forcing them to pursue legal action.
How Can You Prevent Future Legal Disputes?
As a homeowner, you take on significant financial and emotional risks when starting a home improvement project. Failing to properly communicate your needs or failing to understand the home improvement contract can lead to legal disputes that may require litigation to settle. You can take proactive measures to avoid costly legal battles and ensure your renovation runs smoothly.
Thoroughly Vet Contractors
- Check their licenses & certifications: In Arizona, most renovation projects require a licensed contractor. You can verify a contractor’s credentials with the Arizona Registrar of Contractors.
- Review the past work and references: A good contractor should have plenty of references from past work and examples of their quality of craftsmanship.
- Avoid large upfront payments: An experienced contractor will not request full payment before they start the project. A standard agreement usually includes incremental payments based on milestones.
<h3> Draft an Enforceable Contract
Well-drafted home improvement contracts should clearly detail expectations and protect you and the contractor. Your construction contract should include the following:
- Scope of work: Materials, project timeline, and labor details.
- Payment terms: Well-defined milestone-based payments. Avoid lump sum payments.
- Consequences for non-compliance: Outline penalties for delays and poor workmanship.
Document All Communications
- All discussions, approvals, and changes should be in writing, either through emails, text messages, or contract amendments.
- Keep copies of receipts, permits, invoices, and correspondence to avoid misunderstandings.
- Contract modifications should be agreed upon in writing and signed by all parties involved.
Ensure Permits Are Secured
- Work completed without the proper permits can lead to fines and legal complications. Homeowners may encounter resale issues because of unlicensed work.
- Contractors are responsible for obtaining the correct permits, but homeowners can request verification the proper permits were obtained.
Work With a Construction Lawyer
By working with a construction or real estate attorney, you can tackle your home improvement with confidence. Resolvere Law PLLC can help ensure you are legally protected through proactive and reactive legal services.
- Your lawyer will be able to spot unfavorable terms, such as vague warranties and issues with liability clauses.
- We will confirm the home improvement contract abides by Arizona’s contractor licensing laws and local building codes.
- Your home improvement contract should include clauses for mediation or arbitration as dispute resolution.
- We will make sure the construction contract clearly outlines the costs associated with the project to avoid unexpected price increases.
- We will prevent contractors from trying to upsell you with unnecessary add-ons for your property.
What Are Some Examples of Predatory Contractor Practices?
Less trustworthy contractors use predatory practices to defraud unsuspecting homeowners. Some of these fraudulent activities may include the following
- Bait-and-switch pricing: You may be able to pursue legal action if a contractor offers a low initial estimate but then increases costs midway through the project.
- Licensing fraud: An unlicensed contractor may claim they are certified to complete a job when they lack the necessary licenses. This can be costly for homeowners when they need to address unlicensed work in their home improvement project.
- Materials: Contractors and homeowners should outline the quality of the materials that will be used in a project. If a contractor installs lower-grade materials, it may lead to expensive structural defects.
- Failure to follow building codes: Experienced contractors can complete the project while following local zoning and safety laws. If an attorney ignores these laws, the homeowner could face expensive penalties.
When you work with Resolvere Law PLLC, we will ensure your contractor is respectable, licensed, and prepared to deliver on their promises. If you feel like you may be dealing with a predatory contractor, call 480-568-1237 for your free consultation.
What Construction Defects Could You Face?
A construction defect can lead to costly repairs, potential issues, and code violations and compromise the safety and value of your home. If you fail to properly vet your contractors before they start working on your property, you could be faced with these expensive construction defect cases.
- Structural defects to your property’s foundation, roof, and load-bearing walls.
- Flooding and drainage issues from improper waterproofing, poor drainage, or shoddy plumbing.
- Electrical and HVAC issues caused by faulty wiring and poor HVAC installation.
- Finishing errors like uneven flooring, misaligned doors and windows, or low-quality painting and materials.
- Code violations like failing to meet fire and safety codes or non-compliant add-ons to your home.
There is no such thing as a minor defect, as an unchecked problem tends to spread, becoming harder to fix and more dangerous. Failing to address defective work immediately will likely lead to more costly repairs later or even issues with selling your home.
What Options Do You Have for Resolving a Home Renovation Dispute?
When fraud or another legal issue occurs during home renovation projects, this can leave homeowners frustrated and angry. If you are experiencing a legal issue regarding your home renovation, you have a couple of options to pursue: you can choose to take the matter to court or seek a resolution through mediation.
Taking a Legal Issue to Court
One way to resolve a legal issue is to bring a lawsuit and take the matter before a judge. Our lawyers are certainly prepared to help you if you are facing litigation for your home renovation issue. However, there are some drawbacks to using the courts to resolve your legal matter. First, the court process can be painstakingly slow. The drawn-out process can last months or more, eating up your hard-earned money through fees in the meantime. You also lose control over the outcome by turning over all decision-making power to the judge. Finally, court battles often result in resentment and bitterness, which many people wish to avoid.
One benefit of using the courts is that the final decisions are legally binding, so each party must abide by any decision made. Call our legal team today if you are considering bringing a lawsuit against another party or if someone is suing you.
Mediation
Bringing a lawsuit against another individual may seem like the natural thing to do. However, you can also get excellent results through mediation. In fact, some judges require the parties to attempt to resolve their differences in mediation before taking the matter to trial. In mediation, a neutral third party listens to each side and encourages them to find a solution that meets everyone’s needs. Mediation can go much quicker than a trial and usually ends with each party feeling satisfied with the result. One downside is that the results are not legally binding. You can call us today to learn more about our mediation services and to see if this is the right choice for you.
What Do Home Renovation Lawyers Do?
Facing any legal issue can be stressful and scary. Home renovation attorneys stand by your side throughout the complex legal proceedings to protect your rights and ensure you get a fair decision that is as much in your interests as possible. A lawyer will help make sure the law is fulfilled and the truth is brought forward.
When drafting home improvement contracts, your home renovation attorney will explain the scope of the work to be done, ensuring you are not leaving yourself exposed. When disputes can’t be settled according to the contract, your attorney will offer representation during arbitration and litigation.
Your attorney can help by uncovering evidence to show the truth of what happened. They will also help with mediation if you choose to resolve disputes without taking the case to trial. An attorney can be an invaluable asset when it comes to negotiating a fair decision that satisfies both parties.
Should You Hire Our Home Renovation Attorneys?
Any legal action is uncomfortable, but when it comes to your home and your family’s well-being, you should act quickly to protect your rights and get the outcome you deserve. At Resolvere Law PLLC, we understand how difficult it can be to face legal action regarding your home, and we will work tirelessly to find a solution quickly so you can get back to living your life. We will seek answers through mediation first to avoid the lengthy, expensive court process and will fight aggressively for you throughout the legal proceedings.
The Resolvere Law PLLC team is experienced in real estate and construction law, meaning we can help you protect your home and your family from expensive construction disputes that can delay your ability to use your home. We offer a well-rounded approach to proactive work, from enforceable home improvement contracts to negotiations and mediation that resolve disputes.
When it comes to your home, there is too much at stake to risk going with inexperienced attorneys. Call our legal team today to discuss your unique situation and see how we can help protect your best interest. Call now at 480-568-1327 to schedule your free case review with our caring, compassionate legal team.