Q: Do I have a case for breach of contract?
Non supportive wall between garage slab between crawl space was leaning and was supposed to be fixed. We are now having the whole wall fixed because it was not fixed. There was supposed to be a shut off valve put in on the hot water heater that was not put on
A: To win a breach of contract case, you need to be able to prove that the contractor violated either a specific clause of the contract or a warranty, express or implied. Next, you need to look at the contract and see if there is an arbitration clause, which would mean that if you claim breach of contract, you are bound to go to an arbitrator rather than a court of law to settle the dispute. Read the contract carefully. Look also for your duties under the contract to report defects in construction. Make sure you follow them. Shoot good photos of what was not done. Take these things, and the billings for the extra work, to a competent lawyer in your area. Sometimes if your lawyer presents a good claim of breach of contract, then the contractor will fix it rather than fight.
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