We had work done on our house to make it handicapped accessible and the contractor failed us completely leaving our

Expert's Assistant chat
Customer: We had work done on our house to make it handicapped accessible and the contractor failed us completely leaving our house a mess and unsafe. Is there anything we can do being that doors and such are not ada appoved?
JA: Was this workplace safety issue discussed with a manager or HR? Or with a lawyer?
Customer: Yes with the general contractor
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: Hourly
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My home has been left unfinished including holes throughout my home. We all have been treated for dust allergies. My daughter who has cerebral palsy has to see pulmonary and respiratory because she cannot keep her oxygen levels up. This company left unsafe areas during the entirely of this project. MY 82 yr old fell off porch that was left with no railings and broke 3 ribs. They never blocked our vents during construction and that's is why we're having respiratory problems. I have photos of how unsafe things were left. The holes in our home are still flowing dirt and debri bc we can't find help that isn't booked for months. The main reason for this project was to have a handicapped accessible bathroom and that room had been gutted since Jan and still no bathroom. The addition and retaining wall are already pulling away which an engineer said they were improperly installed and this will collapse if not fixed.
Answered by Aaron Esq. in 3 mins 2 months ago
imglogo
Aaron Esq.
10+ years of experience
logo

2936 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
Aaron Esq.
10+ years of experience
logo

2936 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

Aaron Esq., Expert

Hi.  I have been practicing law for over 35 years.
img

Aaron Esq., Expert

This is a question of contract law.  If the contract specified that the contractor would do certain specific things, and he did not do them, then he may be sued for breach of contract.

img

Aaron Esq., Expert

In addition, there may be a tort cause of action for negligence for the injuries.

img

Aaron Esq., Expert

What state is this in?

Customer
Pennsylvania
img

Aaron Esq., Expert

Please give me a little time while I check on something for you.

img

Aaron Esq., Expert

It is well-established that three elements are necessary to plead a cause of action for breach of contract: (1) the existence of a contract, including its essential terms, (2) a breach of the contract; and, (3) resultant damages. J.F. Walker Co., Inc. v. Excalibur Oil Grp., Inc., 792 A.2d 1269, 1272 (Pa.Super.2002).

Customer
139k and my roof gushes water, addition and retaining wall won't hold. Everything is done wrong. My drawings were drawn by a man who is being investigated for fraud and has currant criminal charges. A couples home that he did an addition on has collapsed and was filled with mold and mildew.
img

Aaron Esq., Expert

Generally, to establish a cause of action in negligence, the plaintiff must demonstrate that the defendant owed a duty of care to the plaintiff, the defendant breached that duty, the breach resulted in injury to the plaintiff and the plaintiff suffered an actual loss or damage. Martin v. Evans, 551 Pa. 496, 711 A.2d 458 (1998).

img

Aaron Esq., Expert

Regardless of what the contract says, there is an implied warranty that all work will be done in a workmanlike manner, so that is another possible cause of action.

img

Aaron Esq., Expert

In addition to an implied warranty, construction contracts often contain explicit warranties of the adequacy of construction services. An example of such a warranty is the following: “Contractor warrants to Owner that all construction and related services provided hereunder shall be performed in a good and workmanlike manner, by workers who are appropriately trained and experienced in the work being performed, and in accordance with all requirements of the contract documents, industry standards for projects of similar type and quality, and all applicable laws, codes, regulations and other requirements, including safety requirements.”

img

Aaron Esq., Expert

Does the above answer your question, please?

Customer
I believe so. Which type of attorney would be the best?
img

Aaron Esq., Expert

A construction attorney.

img

Aaron Esq., Expert

If that is all on this specific question, I wish you the very best. If you have any additional questions, please feel free to post a new separate question thread to Just Answer for me, Aaron Esq., only. Just Answer does not charge extra for that. You may easily click on https://www.justanswer.com/law/expert-aaronf61 I usually do Just Answer only on weekends and sometimes briefly late at night, about 9 Eastern, because I have a full time in office job. You may receive an email from Just Answer asking if you would like to rate and/or tip, if you wish.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer