According to the Construction Industry Institute, up to 20% of all construction work is “rework.” In other words, a significant amount of money goes toward fixing the mistakes of others each year. Those who have experienced these mistakes firsthand may explore concepts like contractor negligence and breach of contract. Although these phrases might seem interchangeable, they represent distinct concepts. Those who are attempting to take legal action may need to understand the differences between contractor negligence and breach of contract before moving forward. That said, there is also significant overlap between these two concepts. A discussion with an experienced civil litigation lawyer in Tennessee may provide further education. Consider contacting King Law Offices at (888) 748-5464. Our offices are conveniently located in Johnson City, Washington County.
What Is Contractor Negligence?
To understand what contractor negligence means, one must first understand the underlying concept of negligence. In broad terms, negligence is the failure to exercise reasonable care. This failure leads to “damages,” either in terms of property damage or injuries. To establish negligence, plaintiffs (the people who sue) must show four “elements.” These include duty of care, breach of duty, causation, and damages.
In the context of contractor negligence, a duty of care is a reasonable expectation to conduct business in a safe, proper manner. A breach of duty might involve reckless operation of equipment, failure to safeguard against property damage, the violation of safety regulations, environmental pollution, and much more. Plaintiffs must also establish causation, which represents a “cause-and-effect” relationship between the breach and the damages. Finally, plaintiffs must show that they have suffered real damages. These damages might include medical bills, property damage, and the loss of income.
What Is Breach of Contract?
Breach of contract occurs when parties fail to fulfil their contractual obligations and responsibilities. Contracts are common across many industries and situations, and breaches can occur in many different ways. Note that breach of contract is not exclusive to the construction industry, as these breaches may also occur in all other industries.
Although contracts come in various forms, there are numerous examples of breaches to consider. In the construction industry, a contractor might breach their contract by failing to finish a project within a certain amount of time. They might also breach their contract by failing to use high-quality raw materials or by hiring unqualified workers. Another breach of contract might include blatant safety or environmental violations.
What Are the Similarities Between Contractor Negligence and Breach of Contract?
There is significant overlap between contractor negligence and breach of contract. For example, the negligence of a contractor might represent a breach of contract. If a contract specifically prohibits a certain type of negligence, that misconduct might also become a breach of contract. For example, the contract might state that the contractor is not allowed to use toxic materials to build a structure. If the contractor does so anyway, a breach of contract claim might follow.
Note that contracts often have dispute resolution clauses. With these clauses in place, a party may need to follow specific dispute resolution strategies before proceeding with litigation. A common example is arbitration, which involves private negotiations outside of court. If there is no dispute resolution clause, the aggrieved plaintiff might take their claim straight to court. In addition, the absence of a contract might also result in a direct lawsuit. For example, a third party not named in any contract may have suffered damages as a result of a construction project. The Associated General Contractors of America (AGC) states that defects and delays may cause contractors to face either breach of contract claims or negligence claims.
What Are the Differences Between Contractor Negligence and Breach of Contract?
A breach of contract claim might arise even if one party suffered no damages. In contrast, plaintiffs must establish duty of care, breach of duty, causation, and damages in order to file a contractor negligence claim. Establishing these four elements can be challenging, and those who fail to meet this requirement could struggle to pursue compensation. This is why many plaintiffs choose to sue negligent contractors with help from an experienced civil litigation firm like King Law Offices.
That said, establishing a breach of contract can also be challenging. Even though there is no requirement to establish any damages, parties must still establish a clear violation of the contract terms. Contracts can be complex. Parties could interpret certain clauses and details in different ways. Arbitration clauses can also prove challenging, and experienced lawyers can guide parties through these negotiations.
Is It Worth Suing a Contractor in Tennessee?
Those who file claims against negligent contractors may experience positive outcomes. The same is true for those who sue contractors for breaching their contracts. Both pathways can lead to compensation, allowing aggrieved parties to cover their various damages. For example, a party might receive enough compensation to fix the mistakes made by the contractor. However, the damages associated with a breach of contract claim generally involve only the losses caused by the breach. In contrast, a negligent contractor claim could provide compensation for these losses – plus additional compensation for medical expenses, property damage, lost income, and emotional distress.
However, it is important to remember that success is not guaranteed. There is a certain degree of risk involved, and the contractor may defend themselves in court while avoiding all consequences. This is why it is important to approach this undertaking strategically, gather compelling evidence, and develop an effective action plan.
Learn More About Contractor Negligence With King Law Offices
Whether the issue involves contractor negligence or breach of contract, the most appropriate next steps depend on the specific circumstances at play. The first step may be to determine whether to file a claim based on contractor negligence, breach of contract, or both. Next, plaintiffs may need to gather various documents and evidence to support their claims. An experienced civil litigation lawyer in Tennessee may be able to help with this process, and they can also negotiate on behalf of plaintiffs during alternative dispute resolution (ADR). Contractor negligence and breach of contract can be time-consuming, tiresome issues – but positive outcomes are certainly possible. To learn more about the potential next steps, contact King Law Offices at (888) 748-5464. Residents can also visit our offices in Johnson City, Washington County.
