Guest columnist: Should I sue my contractor?

The SWLA Law Center receives calls almost daily about contractor disputes involving hurricane repairs.  The typical scenario goes something like this:

Caller: “I gave my contractor $50,000 (or some other large number) to make repairs to my house, and now I can’t get him to return my calls.”

Law Center: “Has the contractor done any work at all?”

Caller: “Yes, some, but it was not what I wanted and it wasn’t even done well, and now I can’t get him to finish.”

Law Center: “Do you have a signed contract?”

Caller: “Uhhhh…no.”

Law Center: “Where is the contractor from?”

Caller: “I don’t know. His card says he’s from Texas.”

Law Center: “How did you decide to choose this contractor?”

Caller: “He came up to me and offered what I thought was a fair deal. I was panicked and needed my house fixed. So, I hired him.”

Law Center: “Have you tried the DA’s contractor fraud program?”

Caller: “Yes. They looked at it, but they said it was not criminal and that I would have to hire a lawyer.”

Law Center: “Have you tried to hire a lawyer?”

Caller: “I have called six different law firms. None of them are interested.”

Pro tip: When a lawyer is not interested in taking a case, chances are it’s because there is no opportunity for the lawyer to make money. There is an old saying that a good case is a three-legged stool of liability, damages and a deep pocket. All three legs must exist or the case is not viable.

The above phone caller seems to have liability – breach of contract. The caller may have damages – the money he or she claims to have lost. Is there a deep pocket? Well, there is no written contract, there is no local presence, and there is no local business reputation. Chances are the contractor is not solvent. No solvency means no ability to pay a judgment. No ability to pay a judgment means no lawyer will touch the case.

So here are a few suggestions that might help determine solvency: 1. Google the contractor and try to figure out if he holds himself out to the community as a legitimate business person; 2. Determine whether his business is timely registered with the secretary of state? 3. Is the business registered with the Better Business Bureau? 4. Is the contractor licensed with the State Licensing Board for Contractors? You are looking for anything to indicate whether the contractor is legit.

As with most things in life, hind sight reveals what the caller (and many people like him or her) should have done: 1. Pay no or little money up front; 2. Literally buy your own materials and then give them to the contractor; and 3. Have a written contract. It’s always better to hire local, reputable contractors. Of course, that’s hard to do when in a hurricane hits your community and you are desperate for repairs.

Look for the three-legged stool.

Mark M. Judson is executive director of the Southwest Louisiana Law Center, Inc. Contact him at 436-3308, or mjudson@swla-law-center.com.

 

SportsPlus

Local News

Unrestrained man killed in I-10 crash

McNeese Sports

Reyna, Chance lead Cowgirl comeback

Local News

Louisiana to end mass vaccine promotion, state’s top health official says

Local News

REAL ID enforcement date now just three months away

life

Several SW La. students honored at Northwestern State

Crime

Eight DeRidder High students arrested

Local News

Wicked weather this way comes on Saturday

Jim Gazzolo

Jim Gazzolo column: Garcia best Southland has to offer

McNeese Sports

Cowboys look for finishing kick

Crime

2/13: Calcasieu Parish Sheriff announces arrest list

Local News

 BREAKING: Robert F. Kennedy Jr. confirmed as Trump’s secretary after close Senate vote

Local News

At Oak Park Elementary, no one eats alone

Local News

Candidate Fondel airs his views at forum

life

Gettin’ jiggy wit it — Irish dance style

Local News

Family fabric: Quilting exhibition offers insight to generations of storytelling, culture and artistry

life

McNeese president’s honor list announced for fall 2024 semester

life

Walls can talk: Artist says art is essence of humanity

McNeese Sports

Selling a winning pitch

Local News

House committee address citizen concerns over carbon sequestration in Louisiana

Jim Beam

Jim Beam column:Don’t worry. Trump is fixer

Local News

Mayor talks progress, what’s ahead for the city

Local News

EMS Academy, Acadian Ambulance will be offering EMT classes in LC

Local News

City Council candidates for District C state their views

Local News

Capstone at the Oaks senior living complex nearing completion