If you wish to sue your contractor, such as for a breach of contract, you should consult with an area contract attorney. An experienced and local real estate lawyer can inform you of your legal rights and options according to your state’s specific laws regarding the matter.
Full Answer
She sued Lowe’s for damages and was awarded $13.14 million in compensation. This case shows that it is possible for consumers and employees to stand up against large corporations such as Lowe’s. You may be entitled to sue if Lowe’s breached a contract, failed to resolve your complaint, and more. If your monetary claim is less than $25,000 ...
· Take your contract to discuss with an attorney and discuss options. In many of these projects Lowes merely sets you up with a contractor and does not in fact supervise, not matter what is said orally...the written contract will control...but in any event, you will need to discuss with the attorney the defects in the project to determine the value of your claims.
· Avvo Rating: 9.9. Contracts / Agreements Lawyer in New York, NY. Reveal number. tel: (914) 391-2245. Private message. Call. Message. Posted on Apr 6, 2017. As you are probably aware, your best bet is to contact an attorney and bring any documents you signed at the time you contracted Lowe's to remodel your home and have the attorney evaluate ...
A breach of contract can lead to financial harm for you or your company as well as lost opportunities. To protect the rights granted by the contract and enforce those rights, …
Alternatively, you can call 1-800-445-6937 or email customercare@Lowe's.com.
When suing for breach of contract, you may ask for compensatory, consequential, incidental, and liquidated damages. Punitive damages, which are meant to punish the breaching party for their behavior, are available only for breaches of contract that also involve a tort, such as embezzlement or fraud.
Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.
The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...
Be Prepared for Remedy If the court does find that you have breached your contract, the other party may be entitled to relief under the law called a remedy. The typical remedies for a breach of contract are: Damages – Paying damages to the suing party in a breach of contract lawsuit is the most common remedy.
Small Claims Court is recommended if the amount of your loss falls within the limits set by the state. In most states, this ranges from $1.500 to $15,000.
You are not required to have a lawyer when you file a criminal case, but you may choose to have one assist you in the process. When filing a criminal case, you will have to prepare your complaint-affidavit accompanied by the affidavits of your witnesses and other evidence proving the alleged violation of a crime.
You do not need a lawyer for small claims court, and some states don't even allow you to have one. Read an overview of your state's small claims court laws first. There are many advantages to seeking legal help from an attorney, but you would likely have to pay attorney's fees.
Is Going to Court Worth It? Again, it just depends on the specifics of your case. If you have a strong case and a good attorney, suing a person might be worth the costs. But if your case isn't as clear and you don't have a large budget, you may want to think twice before going to court.
It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.
What Kinds of Cases Go to Small Claims Court? Small claims courts are courts of "limited jurisdiction," meaning that they can only hear specific types of cases. Most small claims courts can only hear civil cases involving small amounts of money, usually around $10,000 or less.
As long as your complaint meets the criteria and you have sufficient evidence, yes, you can virtually sue for anything. Just because you plan to sue someone, it doesn't mean that you will win your case. This is where you need the help of an experienced attorney who can determine how you should proceed.
The following are different types of contract breaches: 1. Minor Breach: a minor breach occurs when one party “substantially performs,” or meets th...
Contracts made only by spoken agreement may be legally enforceable. However, it is best to memorialize them in writing, especially if a legal remed...
There are several remedies for breach of contract: 1. Compensatory Damages: The most common legal remedy, compensatory damages are a monetary award...
If there has been a breach of contract, your first step is to look at the contract to see if there is instructions as to what you should do in the...
Contract law can be complicated, and every state has different lawsuit filing procedures and deadlines for breach of contract claims.Speaking with...
You are going to need an attorney, preferably one with construction law experience. I wonder whether you properly and effectively initiated the arbitration? Months without any movement suggests that some part of the arbitration procedure has not been fulfilled.
As you are probably aware, your best bet is to contact an attorney and bring any documents you signed at the time you contracted Lowe's to remodel your home and have the attorney evaluate your case. If you signed something that requires you to arbitrate and the process has never been completed, you may have to finish the arbitration process.
There are three main ways for which a party can be held liable for breach of contract. This includes when:
If a party has knowingly breached the contract, then it is important for them to take the necessary steps to fix the breach immediately. The party should strive to correct their mistake before the other party becomes aware of the breach or at least before they can file a lawsuit against them.
Before filing a breach of contract claim, it is important to review the contract for any clauses that state whether or not a lawsuit may be brought.
In general, there are two types of remedies that a party can receive for breach of contract: legal remedies or equitable remedies. Legal remedies refer to monetary award damages, such as compensatory, nominal, and liquidated damages.
There are many defenses that can be raised against a breach of contract claim. Some of the more common types of defenses against a breach of contract include:
Not all breach of contract scenarios require legal assistance or court intervention to resolve the issue. For example, if the other party to the contract is a friend or neighbor and the terms of the contract relate to something of little value, then you should try to work out any issues amongst yourselves.
1. Determine whether you have a valid contract. To sue someone for breach of contract, you must first prove that the contract existed and was valid. While the word “contract” generally refers to a written document, a writing is not always necessary to create a contract. A contract may be written or oral.
A breach of contract usually occurs when a party fails to perform as promised, when something makes it impossible for the one party to perform as promised, ...
There are many things to do between filing your lawsuit and attending your hearing. This is a good idea to consult with an attorney, especially if your case will not be in small claims court. You will need to: Make copies of the contract for the defendant and the judge, and have them ready for the hearing.
Small Claims Court is less formal than civil court and is designed to allow parties to represent themselves, saving the cost of attorney fees.
The names and addresses of each party to the contract.
On the other hand, if you painted the house but the owner never paid you at all, you lost $10,000 worth of time and paint. This would be considered a material breach.
For instance, if you hired a contractor to paint your house, he would not breach the contract by showing up late, but would breach the contract by never showing up at all.
By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000.
Every case is unique. Still, some motivations are more common than others, especially where contract work is concerned. This is because most contractual law involves the same assumed rights and responsibilities.
Yes. It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.
The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.
When suing for breach of contract, there are several types of damages you can sue for. These include:
In most states, the Statute of Frauds states which kinds of contracts have to be in writing in order to be legally enforceable. These include:
Small Claims Court is recommended if the amount of your loss falls within the limits set by the state. In most states, this ranges from $1.500 to $15,000. It's a fairly simple process, with the judgment taking place right away and limited right of appeal.