Can I sue a contractor over labor and materials for using inferior building materials?

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Can I sue a contractor over labor and materials for using inferior building materials?

I hired contractor to build a deck. It stated in the contract to build the deck with specific premium materials, however the contractor built the deck with the cheapest lookalike deck boards. He got paid for the project but wouldn’t give me the invoice/receipts to apply for the warranty. I was able to get one of the invoice/receipts from the store and it shows that he did use the cheaper deck board.

Asked on January 19, 2019 under Business Law, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the contractor for breach of contract for using inferior materials. Your damages should include having the deck re-done with the premium materials by a different contractor. Damages are the monetary compensation you are seeking in your lawsuit. You will need to mitigate (minimize) damages by finding a contractor in the area whose fee is comparable to other contractors. If you fail to mitigate damages, your damages will be reduced accordingly.


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