You’re Entitled to the Work You Pay For

Whether you’re repairing damage after a storm or simply upgrading your home, you expect to receive the services you pay for. Unfortunately, unscrupulous subcontractors may try to take advantage of you – sometimes even placing mechanic liens on your home. Luckily, Phoenix homeowners have various legal options for unfinished renovation work by subcontractors.

However, taking advantage of these legal avenues can sometimes be costly and time-intensive – particularly if you don’t have professional assistance. Subcontractor disputes are incredibly stressful, especially since you’re only trying to get the services you paid for. That’s why you should keep each of the following legal actions in mind when moving forward.

File a Breach of Contract Claim

In most cases, communication with a subcontractor is all that’s necessary to resolve a dispute. These issues often arise over miscommunications or unexpected situations – but when the two parties discuss what’s going on, an amicable solution is often available. However, a breach of contract claim is a valid option when such solutions aren’t forthcoming.

Phoenix homeowners who have unfinished renovation work can sue their subcontractor over the violation of a written or verbal contract. Start by reviewing the terms of your agreement to better understand the deadlines and agreed-upon work. If the subcontractor failed to meet these obligations, a lawsuit may be able to help you secure damages for incomplete work or compel the contractors to finish the job as agreed.

Demand for Specific Performance

Many homeowners simply want to move on with a new subcontractor after experiencing problems. However, it’s important to understand that these cases all involve different circumstances. While one homeowner may want nothing to do with a business that “dropped the ball,” another might simply want the work completed.

If you fall into the latter category – or if the courts feel that it’s appropriate – a specific performance court order may be issued. This is a legal order that compels the subcontractor to finish the job that they agreed to take on. This is also an option if monetary compensation is insufficient. If time is an issue, request that the court immediately enforce the order.

Of course, not everyone is excited about the prospect of litigation. If a Phoenix homeowner who has unfinished renovation work wants to avoid the courtroom, they can file an administrative complaint against the subcontractor.

File an Arizona ROC Complaint

If a subcontractor’s work is substandard or left unfinished, reaching out to the Arizona Registrar of Contractors (ROC) is an option that could avoid lengthy litigation. The ROC will review your case and investigate your claims. If they feel that the subcontractor failed to act in a professional manner, they can require them to finish or correct the work.

While this may seem like a less effective approach than litigation, the process actually has a fairly high success rate. That’s because the ROC has the ability to revoke a subcontractor’s license if workmanship standards aren’t upheld. Construction professionals cannot legally perform work without this license, so the threat of losing it can be an impressive motivator.

While this process is typically more straightforward than litigation, it doesn’t hurt to have an attorney file the complaint on your behalf. A legal professional can ensure all filing requirements are met – or they could represent you when alternative dispute resolutions (ADRs) are compulsory or an option.

Mediation or Arbitration

One of the first things a Phoenix homeowner should do when subcontractors don’t finish the job is to check their contract. In addition to providing information on job specifications and deadlines, these legal documents may also contain clauses specifying how disputes need to be handled. In some instances, alternative dispute resolutions must first be attempted.

Mediation and arbitration are the two ADR categories typically contained in work contracts. In these situations, the parties involved in a dispute present their cases to an unbiased third party who can help them reach a resolution. Sometimes, this is binding; other times, it is not. Either way, the implications are real, so speaking with a legal professional is advisable.

Defend Against Mechanic Liens

Disputes between Phoenix homeowners and subcontractors who don’t finish renovation work are already stressful enough. Unfortunately, these circumstances are often made even more stressful when unscrupulous companies or “professionals” file mechanic liens against properties. This can happen if they claim you have not paid them for work.

In these situations, there’s a significant amount of legal nuance and complexity. Subcontractors have the right to be paid for their work, but what about when this work is subpar or unfinished? In such cases, homeowners have the right to fight back. It’s possible to contest these liens, and if the work is unfinished, these efforts are likely to prevail.

If you can prove that the subcontractor did not finish the job – or that it was below expected standards – you may be able to invalidate the lien in court.

Reach Out to an Attorney

In a perfect world, subcontractors would perform the work they agreed to perform without any problems. Their work would never be substandard, and homeowners would always get exactly what they pay for. Unfortunately, this isn’t a perfect world – and legal action is sometimes necessary to get what you pay for. In these instances, it’s vital to seek legal help.

While there’s no requirement under American law to hire an attorney, failure to do so could have negative outcomes. The complexities of construction law and civil litigation mean that the average person will have trouble navigating the legal process. Your situation may not require legal intervention, but you should at least consult with an experienced professional.

At Resolvere Law PLLC, we offer consultations to help you better understand your situation. Contact us at 480-568-1327 to schedule your confidential case review.