Legal Question in Construction Law in Connecticut
can I sue my contractor for negligent work?
My wife and I hired a contractor from a contractor referral website called servicemagic. The deal started out bad from the beginning. We asked for a contract and was told that he could not give us one because he did not know what kind of job he was getting into and instead we were given written invoices week to week demanding payment for work that was incomplete and wrong. The invoices would state the time on the job, what was completed and cost for materials which never had reciepts attatched to the invoice. He claimed he had complete knowledge of carpentry and could handle almost anything. We later found out that he was a fake. My wife came home one evening to find this contractor in our kitchen reading a book about old houses and he told my wife'' I'm learning in your house.'' My wife was shocked from what she heard from the contractor but it all started to make sense because all of the work he did in and outside our 1830 colonial was a complete mess. We later found out that he used Glue to re-enforce our deck railings! I also found out that he posted pictures on his profile of recent work for past customers on his profile page, the pictures were from his own house! Can I sue him for the money we put out?
2 Answers from Attorneys
Re: can I sue my contractor for negligent work?
You can sue your contractor for the negligent work done, the incomplete work, and for reimbursement of the money you have paid him. In Connecticut all Home Improvement Contractors must register with the state, as well as, provide customers with contracts that conform to the Home Improvement Contractors Act.
It sounds from the post, that these weekly invoices did not conform to the HICA. In addition, if he no longer has the assets to repay you, the State maintains a fund through which you may be entitled to reimbursement from.
I can discuss the process and legal options with you if you would like. Feel free to contact me anytime to discuss further. This answer is not meant to, and does not, create an attorney-client relationship between the poster and Karlson, Kasper & Parasco LLC. All information contained in this answer is for general knowledge only. If you are in need of specific legal help you should contact an attorney.
Re: can I sue my contractor for negligent work?
You may have an action against the contractor for reimbursement of the monies you paid him and for violation of the Connecticut Home Improvement Act. If he did not obtain a license/registration from the state he is in violation. Furthermore, he was supposed to present you with the statutory written contract which is required to contain certain terms, conditions and rights of the homeowner.
You may also have a cause of action against him for violation of the CT Unfair Trade Practices Act. Violation of the Home Improvement Act, is also a violation of CUTPA which could entitle you to attorney's fees.
If you obtain a judgment against him, you may also have a claim against the CT Home Improvement Guaranty Fund.
You should take pictures of the "work" he did/didn't do. You should also bring in a reputable contractor to evaluate the damages.
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