Dealing with the Breach of a Home Improvement Contract
May 11, 2026Attorneys Sarah N. Smeriglio and Michael J. O’Sullivan recently obtained judgement in a matter involving the breach of a home improvement contract. Two residential homeowners were wronged by a contractor hired to complete home improvements at their residences. The homeowners provided the contractor with significant down payments and advances before the contractor absconded with their funds, leaving the job unfinished.
Unfortunately, this fact pattern is not unique to consumers in Connecticut. First-time home buyers and average consumers often hire and make payments to contractors who fail to follow through on their contractual obligations. It is important that consumers understand their rights under Connecticut law and the Connecticut Home Improvement Act before, during, and after hiring and engaging with a home improvement contractor. Here are a few things that consumers should know when dealing with a home improvement contractor and drafting home improvement contracts to protect their interests.
Be Careful Who You Hire
Of course, the best way to avoid a conflict from the start is hiring a contractor that you believe capable of completing the job on time, on budget, and a skillful manner. However, selecting the right contractor is not always that easy. Most homeowners only hire a contractor once or twice in a lifetime and don’t know who they have really hired until the project begins. A consumer’s chance of success with a contractor can be significantly increased by acknowledging the limits of this experience and taking the time to do some research, including investigating a contractor’s reputation.
Ask Questions and Retain Counsel if Necessary
When hiring a home improvement contractor, it is important to clearly define the scope of the project, timelines and cost estimates before the work begins. In doing so, the drafting and execution of a written contract is paramount. Under the Connecticut Home Improvement Act, consumers have contracting protections that a contractor is prohibited from violating. For that reason, if a contractor refuses to enter into a written contract, or a consumer is unsure of his or her rights, consumers are encouraged to retain counsel to ensure the agreements are properly executed and their interests protected.
Set Installments and Inspection Guideposts
In drafting a home improvement contract, make sure to build in payment installments upon inspection of certain work items. The most common mistake that consumers make when executing a home improvement contract is paying too much upfront without any work getting completed or building in a contractual right to inspect the project as it moves forward. By contracting for installment payments and inspection rights, consumers can better protect against financial injury.
Plan for Recourse
In the event of a contractor’s breach of contract or failure to complete the work, your contractual rights are only as strong as your ability to collect against the contractor. If your contractor has a reputation of wrongdoing, no business assets or is a serial bankruptcy filer, the chances of a consumer’s financial injury become more probable. Prior to hiring a contractor, consumers should do the research or hire an attorney to investigate the contractor’s financial stability and reputation.
Save All Documentation
Once you hire a contractor and the project moves forward, save all documentation. This includes voicemails, text messages, emails, pictures, demands for payment, contracts and invoices. Write down the gist of a verbal conversation, perhaps emailing a copy to your spouse or yourself to memorialize the time and date. If your contractor breaches your agreement, homeowners will be required to present evidence of said breach in order to enforce their rights under Connecticut law.
Act With Authority
You are in charge. When you retain a contractor to complete home improvements, it is important to recognize that you are the boss. If a home improvement contract is drafted properly, the consumer is the party with the leverage to enforce its legal protections.
Neubert, Pepe & Monteith, P.C. routinely handles contractual disputes between consumers and home improvement contractors, before, during or after the consumer experiences wrongdoing on behalf of the contractor. Conversely, the firm also counsel’s contractors relating to their rights and obligations under the Connecticut Home Improvement Act.
Whether a consumer or contractor, if you have questions relating to your contractual rights and options, please don’t hesitate to contact us for legal assistance and advice.
Sarah Smeriglio is a member the firm’s Healthcare Law and Professional Malpractice & Insurance Defense practice groups. She joined the firm first as a legal extern assisting in the firm’s healthcare practice.
