Legal Question in Construction Law in Washington

Can I sue my contractor for incomplete work? We hired a contractor to install a concrete driveway, curbs, and an asphalt apron at our residence in Shoreline, WA. He has all the money, but says he can't afford to finish the job. (The asphalt apron and sloping/grading of the right of way remain unfinished. We've had other contractors bid the remainder of the job and they average about $1,700.) He says he is going to file bankruptcy. Should we sue, or just hire a different contractor to complete the job and move on with our lives? He took all of our money...what can we do?


Asked on 10/14/10, 2:32 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

You could sue in small claims court. If he files bankruptcy your civil suit would be stayed or if you had a judgment the execution of the judgment would be stayed until the bankruptcy resolved your claim (probably discharged), but if you can prove fraud (intent or knowingly taking your money with no intention of fulfilling the contract, not just mismanagement, poor planning, misestimation, etc.) your case/judgment may survive bankruptcy.

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Answered on 10/19/10, 6:00 pm


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