A Louisiana property owner has brought a breach of contract claim against contractors. She asserts the contractor failed to complete the job they were contracted to perform.
The woman hired them to perform improvements on her home. The contract dispute results from a contract entered into between the woman and the contractors for work leveling and shoring her home. According to the homeowner, the contractors abandoned the job and failed to complete the work outlined in the contract.
The lawsuit accuses the contractors of breach of contract, unjust enrichment and other legal claims. The homeowner is seeking damages, as a result of the breach of contract. When a contract is not fulfilled, it can leave the non-breaching party with a number of different headaches and challenges that must be addressed. The non-breaching party is likely left with work that has not been completed and the necessity of engaging services to complete the work and as a result, will likely incur economic damages.
It is important to begin a business relationship, such as a construction relationship, with a contract. Construction contracts are important for a variety of reasons and protect the parties in the even there is a breach of contract.
A contract that is well thought out, negotiated, drafted and executed can help avoid contract disputes and is a solid foundation for the transaction the parties are engaging in. If a contract has been breached, depending on the circumstances, there may be options and remedies to recover damages, enforce or rescind the contract.
Depending on the goals of the non-breaching party, it may be possible to re-negotiate when faced with a contract dispute, but additional remedies may also be necessary and available. As such, careful guidance throughout contract formation and enforcement can be essential to a successful transaction.
Source: Louisiana Record, “Metairie property owner alleges contractors abandoned job,” Carrie Bradon, Nov. 3, 2016