can I recover money from a contractor that went out of business

I had a new roof put on my garage 4 years ago. It recently started leaking. I tried contacting the contractor but phone no longer in service, and residence looked vacant. So I hired another contractor to fix the leak, but he discovered that the roof that was put on 4 years earlier had so many flaws it had to be completely removed and a new one put on. Is there any way I can get any of the cost of the new roof back as reimbursement?

Asked on August 22, 2018 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can try suing, but if the contractor had been an LLC or corporation, you can only sue the LLC or corporation--you can't sue the owner(s). That means that if the LLC or corporation has no income or assets, or has been formally dissolved, you won't recover any money--you can't get money where is none, and you can't get money from a company which no longer even exists. If the contractor had been a sole proprietor, you could sue him personally; then if he personally has assets, money, or income, you could recover compensation from him.


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