Important: This article is intended to provide general information and is not legal advice. The facts of every legal matter are different, and the law itself can change. For advice about your specific legal question or situation, Minnesota Lawyer Referral recommends consulting with a licensed Minnesota attorney who can apply current Minnesota law to the facts of your case.
Home improvement projects are big investments for the typical Minnesota homeowner.
Whether the work turns out well or poorly, you may be forced to live with the results for years, if not decades.
A contractor leaving halfway through the job, ignoring the agreed-upon plan, or doing shoddy work can quickly turn into a nightmare. What, if anything, can homeowners do if that happens?
Not Every Delayed Project Is a Contract Dispute
Construction projects do not always proceed exactly as planned. Delays can happen for legitimate reasons, including:
- Labor or material shortages
- Weather conditions
- Permit or inspection delays
- Approved changes to the project scope
- Scheduling challenges
On the other hand, there are situations where work stops without explanation, deadlines continue to pass without updates, the contractor becomes difficult to reach, or significant portions of the project remain unfinished for an extended period.
Circumstances matter when disputes between homeowners and contractors arise. Before doing anything else, it’s usually a good idea to compare what has occurred with the expectations and provisions outlined in your contract.
Review Your Contract Before Taking Further Action
When reviewing the agreement, pay careful attention to:
- The scope of work
- The project timeline
- The payment terms
- Approved change orders
- Provisions addressing delays or changes to the project schedule
- Warranty provisions
- Cancellation or early termination penalties
- Dispute resolution procedures
Many disagreements stem from differing expectations about what work was included, when it was expected to be completed, or how changes to the project affected the original agreement.
Document the Current Condition of the Project
If you ultimately need to prove that work was left unfinished or did not match the agreement, documentation will be critical. The more complete your records are, the easier it may be to demonstrate what occurred during the project.
Take clear photos from multiple angles of:
- Completed work
- Unfinished work
- Areas you believe are defective or incomplete
- Materials and construction debris left on the property
- The overall condition of the project
Continue documenting the project if conditions change or additional work is completed. A clear record of the project's progress may become important if questions arise later.
Gather Your Payment and Communication Records
In addition to documenting the work itself, organize the records related to the project. Start by gathering:
- The signed contract
- Initial estimates or proposals
- Invoices
- Payment receipts
- Cancelled checks or credit card statements
- Lien waivers
- Approved change orders
- Emails and text messages
- Written project updates
Having these records in one place can make it easier to show what the expectations and agreements were, what has already been completed, and how the project progressed over time.
Communicate Your Concerns in Writing
Most Minnesota contractors care about their reputation and would rather fix a problem than have unresolved disputes lead to negative reviews or complaints with the Minnesota Department of Labor and Industry (DLI).
Before escalating the dispute, it is often helpful to clearly communicate your concerns with the contractor and attempt to reach a resolution without getting attorneys involved.
Describe the unfinished or disputed work, explain why you believe the project is incomplete, and request a response or updated timeline. Whenever possible, communicate in writing and keep copies of emails, letters, or text messages.
Written communication helps create a record of what concerns were raised, when they were raised, and how the contractor responded.
When It May Be Time to Explore Your Legal Options
It may be worth discussing your situation with an attorney who handles construction and contract disputes if the contractor has stopped responding, significant work remains unfinished, the dispute involves substantial financial losses, or your efforts to resolve the matter have been unsuccessful.
An attorney can review your contract, the documentation you have gathered, and the specific facts of your situation to explain what legal options, if any, may be available.
The referral counselors at Minnesota Lawyer Referral can help connect homeowners with an experienced Minneapolis-St. Paul construction attorney. Call us at (612) 752-6699 or use our self-referral service to set up an appointment with a vetted local attorney.
