Why do judges always seem to take the businessman's side of a case?

I have had several small claims suits against home construction contractors over the years. They all seem to want their money up front and then do a slap-dash job that doesn't hold up. However, in each case the judge sided with the contractor. The reason: the contractor did what it said in the contract. The contract does not make any claims as to the competence or ability of the contractor or the quality of the materials used. It seems home construction contracts leave a lot of loopholes, but when I try to make a contractor be more specific about the job to be done, he just refuses the job. Does a homeowner ever get a break?

Mutt

The judge does not side with one side or the other. He/she sides with the contract. Was the terms of the contract fulfilled? If so, then you don't have a case.

What can you do? Demand to have the "loophole" removed from the contract. If they refuse to and refuse to do the job, then they are not worth the money. Also, check all references about these people before you enter into a contract with them. Find out what kind of work they do, and if other people had any problems with the work they did.

A good contractor will make sure you are pleased with their work, not just do what needs to be done to get paid and then go to another job. take bids for a project, and get references. Don't just accept the lowest bid. Remember, "you get what you pay for".

bushmaster8

Very seldom!!!!!

Greg

Because people do not carefully read the contracts they sign. It happens over and over again.

Just like this discussion now of credit cards by the president. He's going to "make the language easier". It's embarrassing. What are people too stupid to know that if they pay a credit card late, then the interest goes up?

People do not realize what they are getting into. It's their responsibility to get help from a lawyer, etc. if they can't read a contract and determine what it means.

rogue

Greg the credit card companies are just plain thieves and have been known to renege on their own contracts besides charging ridiculous 30 percent interest rates and 35 dollars late fees.i am glad Obama is taking them on.This is plain rip offs.The judge usually is this case will enforce the contract that you signed that is the bottom line.

Pascha

A lot of these contractors simply won't do the job if you want to put in your own language. I've met quite a few who wont do a job if you want to put anything in writing. In some areas they have enough work to get away with these tactics. If you want to get the work don then you either have to take a gamble on them or you have to do the work yourself.

If it were common for people in your area of the country to propose their own contract language instead of being bamboozled into the "contracts" drawn up by the contractor, the contractors would have to sign contracts that had meaningful language regarding quality of materials and craftsmanship.

On the issue of quality of materials, try to find contractors who will work with the materials you buy yourself and get delivered to the site.

all4given1

The judge just sided with the person who brought a case against me, even though he breached the contract! The judge did however, lessen the amount I had to pay based on the breach, but I felt the contract should have become null/void. So, I really don't understand why/how judges reach their decisions. It does appear to me they always "up hold" a contract... even if its been breached, and rule for the other person. We can defend ourselves for hours... we don't win in the end!

sean s

do you pay for work done on your car up front? i never have and this is also true with my house. don't pay up front. you pay up front for things in stores for obvious reasons but never give up money for anything where services haven't been rendered yet. if a contractor won't do the lob until satisfied by payment than they aren't confident that they will do the job correctly. move on to the next company listed in the yellow pages. if you run out of companies to chose from than learn how to fix it yourself. it is cheaper and only you know how you want a project done anyway.

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