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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.