When most individuals enter into a contract, they expect the terms of the contract to be honored. If they are not, the legal system offers protections. A Covington, Louisiana couple recently brought a breach of contract lawsuit against a home repair company. The couple hired the construction company to perform work on two properties they own. They allege the construction company held itself out as "knowledgeable" and "qualified" and represented it would do the repairs in a "workmanlike" way. According to the couple, the construction company also represented that it was a licensed mold remediation specialist. The couple claim, however, that the company is not licensed even as a contractor in Louisiana.
According to the couple, the construction company breached the contract on multiple occasions and overcharged the couple, who paid approximately $84,000 for the repairs on the two properties. The construction company is accused of sloppy work and damaging their garden. In addition, the couple asserts the company failed to complete various tasks including carpet and wood floor installation, driveway repairs, mold prevention and other tasks.
The couple is seeking damages, including repair costs, depreciation of the value of the property, loss of enjoyment of the property and mental anguish. The couple has accused the construction company of breach of contract and negligence.
Contract disputes can arise in a variety of circumstances and situations. When a breach of contract is proven, the law seeks to make the non-breaching party "whole" again to the extent possible. The non-breaching party may be awarded monetary damages for a violation of contract terms.
Sometimes litigation is unavoidable when a contract is breached. In other circumstances it may be possible to resolve the dispute through negotiation. In either circumstance, it is important that the non-breaching party have good legal advice to make sure their rights are protected.
Source: The Louisiana Record, "Couple sues home repair company for breach of contract claiming work was sloppy and incomplete," Anna Aguillard, July 17, 2014