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how do I file a claim as a homeowner against a contractor

I am in the process of doing a rehab on a home in downtown Indianapolis, Indiana. I had a contractor do some work and then, for many reasons, I fired him. He is licensed and insured and supposedly bonded in the state of Indiana. His company is Best Maintenance Group of Indiana (BMG Inc) and the owner is Mario Martinez. My new contractor was appalled at the work done. For example, the prior contractor had laid the first level flooring with no foundation underneath. He supported the floor with stacks of loose bricks and wood shims underneath. He built a stairway that had every step a different height and width with no head clearance to the 2nd floor. And many more construction defects. When I contacted that Contractor he said I have no recourse – he did the job the best way he knew how. All of his work had to be torn out, repurchased and replaced. It was very expensive.

1 reply

Mar 8, 2019

I'm sorry to hear that you have a need to deal with a situation like this. It's definitely frustrating to not only need to have work done again, but also recover money spent in vain.

There are many options and potential claims to be made against a non-performing contractor. Complaints may be made with the BBB, and the City of Indianapolis, Marion County Department of Business and Neighborhood Services, which oversees contractor licensing. Indianapolis requires contractors to supply proof of a bond (minimum amount $10,000), and GL insurance coverage of a minimum of $100,000 per occurrence in order to obtain a license. Claims can be made against both the bond and the insurance.

Additionally, suit can be filed against the contractor pursuant to multiple causes of action, including, but not limited to, breach of contract, unjust enrichment, negligence, breach of implied warranty, and misrepresentation and fraud. Filing suit may be the most appropriate and likely to result in recovery of damages related to the poor work, but litigation can be time-consuming and expensive. Since the amount at issue is large, it is unlikely that suit could be filed in small claims court to reduce time and expense.

I hope you are able to recover.

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