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I am a licensed insurance agent, have been licensed in 45 states for 16 years. I have 5+ years experience insuring general contractors and subcontractors. The answer to your question is "yes". Here is the best way to proceed with such a situation: When you hired the general contractor you should have gotten a certificate of insurance that shows you the name, policy number, effective dates, and policy limits of the general contractor's general liability insurance. It should also show you the name, address and phone number of the insurance agent. Contact the insurance agent or the insurance company to report a claim. It is best to contact the insurance company directly. Go to www.ambest.com to find the insurance company's contact information.
If you did not get a certificate of insurance, you can follow your state's insurance regulations which may include mailing a notice to the general contractor advising him that you want to report a claim against his insurance policy. Require him to provide the name of his insurance company.
You should also contact the subcontractor and tell him that you want to report a claim against his insurance policy. Require him to provide the name of his insurance company.
You can sometimes find the general contractor's insurance company information by contacting the regulators in your state for the construction industry. Some states require general contractors to provide proof of insurance before issuing/renewing licenses.
You can also file a complaint against your general contractor with these regulators.
I do not recommend filing a claim in small claims court as your first plan of action. First, file an insurance claim against his insurance company and against the subcontractor's insurance company. (It is true that most, if not all, subcontractor's policies don't cover defective work. But their insurance company will respond to adjust the claim which will be helpful to you in pursuing your claim with the general contractor.) Second, file a complaint with the industry regulators in your state.
The last thing you want to do is sue the general contractor in small claims court for this kind of thing because you will have the burden of proving the work is defective and this will require expert witnesses. Bad workmanship and/or poor quality construction materials do not necessarily add up to "defective" workmanship. There is a big difference between "bad quality" work and "defective" work. If you take this approach, you will also have to pay to fix the defective work before you can collect anything in court. You have to prove damages in court. You have no measurable damages if you have paid nothing to fix the defect. Once you fix the defect, you can prove to the judge that you had a specific amount of damages arising from the defective work. But don't forgot that you must also prove that the work was "defective" by use of expert witness testimony.
Before you sue anyone in court, you need to always do a little research to determine their ability to pay you in the event you win the case. Check the court property records to see if he owns any real estate, for example. Check the bankruptcy court to see if he has filed for bankruptcy or is in the process of bankruptcy. Even if you win in court, you may never get the money owed to you. And don't forget: anybody can file bankruptcy to discharge the judgment.
Thank you,
Chase Hunter
www.ChaseAgency.com
What else can I help you with?
Can a contractor sue a homeowner if he falls repairing a roof?
Bacon.
Can you sue a homeowner for damages to you and your hand even if it was your fault?
No, you can't sue your own homeowner's insurance for any medical condition you experience whether it is your fault or not. Homeowner's insurance is not medical insurance for the homeowner. However, if it is someone else's home you may have your emergency medical covered as most homeowner's policies have emergency medical coverage for non-residents. It is also possible to sue the homeowner for damages, i.e. a dog bite.
Can a subcontractor for termite treatment on a Hollywood Florida home put a lien on the house when the contractor was paid in full but will not pay the subcontractor?
Not likely. There is no privity of contract between the homeowner and the subcontractor. The homeowner had an agreement with the general contractor, and that's the only person they have a duty to pay. The subcontractor can only pursue payment from the general contractor - to put a lien on the home would be to punish an innocent party - the homeowner. This is between the subcontractor and the general contractor, and there's no reason to bring the homeowner into this, since the homeowner doesn't owe the subcontractor anything.
How does a sub contractor in Nevada get paid by general contractor?
If the general contractor refuses to pay, you must sue the contractor for payment. You may also sue his bonding company, if he has one. If your dispute exceeds small claims, see a real estate attorney right away.
What is the maximum amount of money that an unlicensed contractor can charge for their service?
"Don't do it, because if you screw up they can sew you for all your worth. My advice is get licesened then if you screw up you have insurance for a reason." Wrong, an unlicensed contractor in California has no standing to sue, however, a homeowner may sue the unlicensed contractor and recover any money paid even if they are and were aware of the state of the contractor's license prior to contracting.
Is a homeowner liable for a contractor's injury if he was hurt during the course of his work?
No, not unless the HO was negligable. The contractor should have insurance for his ow protection. But then again, we are a sue happy liberal society
What is the maximum amount of money that an unlicensed contractor charge for their services?
"Don't do it, because if you screw up they can sew you for all your worth. My advice is get licesened then if you screw up you have insurance for a reason." Wrong, an unlicensed contractor in California has no standing to sue, however, a homeowner may sue the unlicensed contractor and recover any money paid even if they are and were aware of the state of the contractor's license prior to contracting.
Can you sue for triple damages?
When does the court allow you to sue for triple damages?
Are you liable for a job when you have been fired or left the employer?
Liability falls first to the employer. However, employees who cost an employer money could be held liable if the employer files a claim in civil lawsuit or in small claims court. For example: A man is hired to work on a job install tiling in a bathroom. Though a sub-contractor, the man cuts the tiles wrongly, applies too little adhesive so some fall down, and in frustration the man smashes half the tiles. This costs the main contractor $3,000 in time, supplies, and salaries. Though he fires the man immediately, the contractor also sues the sub-contractor for the losses. As well, the homeowner files a claim against the main contractor, so as a result the main contractor in turn can sue the sub-contractors.
Can I sue you for the damages caused by your negligence?
Yes, you can sue for damages caused by negligence.
If tree removal services are performed and not paid can the homeowner be sued?
If the homeowner agreed to pay for the services then the contractor can sue in civil court. However, the contractor must show evidence that the services were performed and that the homeowner agreed to pay for the removal. If the contractor prevails, the court will issue a judgment lien that can be recorded in the land records. The property cannot be sold or refinanced until the lien is paid. The best method of having the necessary evidence for a lawsuit in hand when the homeowner refuses to pay is to provide a written estimate of the services with one copy to the homeowner and one to stay with the contractor. If the homeowner agrees to the terms of the estimate both parties should sign and date the estimate. The contractor should have the homeowner sign again after the job has been completed. Forms can be purchased at a business supply store or made up on a home computer if necessary. The contractor should take some photos of the tree prior to cutting and then after the job has been completed. Unfortunately, few contractors and homeowners arrange to have the proper documentation prepared and signed prior to the work being performed.
Can a defendant sue a victim for damages in a legal case?
No, a defendant cannot sue a victim for damages in a legal case.
