A lawyer’s guide—plain and simple
You hired a contractor. You expected the job to be done right. Instead, you’re staring at unfinished drywall, a leaky roof, or a giant hole where your kitchen used to be. Now what?
As a lawyer, I often get calls from frustrated homeowners asking, “What are my rights?” or “Can I get my money back?” The good news? You do have legal options. Here’s the basics:
Step 1: Review the Contract
Start with your written agreement—if you have one. A solid contract should outline:
- The scope of the work (what is the builder agreeing to do)
- Payment amount
- Payment schedule
- Timelines
- What happens if the contractor fails to perform
If your contract spells this out, you have a strong starting point, but the scope of the work (what did the contractor agree to do?) and the payment amount are the most important things in a dispute. The payment amount can either be clear and known in advance (i.e, a fixed guaranteed sum), or somewhat vague depending on final costs to complete (often known as a “time and materials” contract), or something in between, such as an estimated price with a cap on the final billings. Most contracts have flexibility for “change orders” as well where the homeowner wants to add or remove something from the contract, so the contract price changes.
Most contracts will not specify the required quality of the work. Unless specified, it is a quality that would pass as “average”. Therefore, some minor faults are to be expected and will not be a basis to have the work redone.
Step 2: Communicate Clearly (and in Writing)
Start by giving the contractor a chance to make things right. Keep your communication professional, firm, and—most importantly—in writing. Texts or emails can become useful evidence if things escalate.
Say something like:
“Per our agreement, the work was to be completed by June 1. It remains unfinished, and I’d like to know your plan for resolving this in a couple of months.”
No name-calling. No threats. Just facts. Try to work with the builder on a solution. If the situation is that work is not being completed, probably they took on too many jobs and they are busy or their subcontractors are, so try to agree on a reasonable deadline, and agree on what the outcome will be if they don’t meet it. If it is a work quality issue and you want it fixed, even if you do not have a lot of faith that the builder can fix their bad work, it is generally best to give them a chance. If they refuse to fix it or still mess things up after a chance to fix it, it provides a much better argument to collect from the builder the cost of fixing the work.
Step 3: Document Everything
Take photos of the work. Save receipts. Write down timelines. You’ll want a paper trail that shows what was promised vs. what was delivered. Do not rely on your memory. It will get blurry, and invariably, the other party will have a much different story to tell unless it is written down.
Step 4: Legal Options
If none of the above works, it may be time to take action. You could:
- Sue in small claims court (claims of $7,000 or less)
- Mediation – possibly through the local home builder’s association.
- File a claim for breach of contract (an attorney is not required, but it gets complicated)
- Report them to the licensing board or state attorney general
- Place a complaint with the Better Business Bureau
What If There Was No Written Contract?
You’re not out of luck. Verbal agreements can still be enforced, though they’re harder to prove. Your documentation—texts, emails, receipts, and even photos—become even more important in these situations.
Final Thoughts
When a home project goes sideways, it’s not just a money issue—it’s emotional. You trusted someone to work on your home, and they let you down. That’s frustrating, and in some cases, legally actionable.
Need help sorting it out? Let’s talk.
We can help you understand your rights, assess your options, and move forward—whether that’s getting your money back, finishing the job, or holding the contractor accountable. If you are sensing things are going sideways, do not wait until the end to have a professional review your rights, since at that point you might have less leverage and likely have paid a lot more money for substandard or incomplete work that might never get back.
Learn more about how we help with construction disputes.
