What must a plaintiff do if they have complaints against a contractor's performance?

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When a plaintiff has complaints against a contractor's performance, filing a lawsuit for breach of contract is a necessary step if other resolutions have not been successful or are impractical. In Louisiana, as in many jurisdictions, a breach of contract occurs when one party does not fulfill their contractual obligations. This legal route allows the plaintiff to seek remedies, which may include damages for any losses incurred due to the contractor's inadequate performance.

Filing a lawsuit provides a structured legal framework that can address the grievances formally and offer a resolution through the courts. It also allows the plaintiff to present evidence, have a fair hearing, and potentially receive a judgment that could enforce the terms of the original agreement or offer compensation for losses.

Negotiating directly with the builder might be a practical first step for some plaintiffs, but it does not address the legal rights and potential remedies available through litigation. Terminating ongoing contracts could be a possibility, but it would not necessarily resolve the complaints unless properly tied to the breach of performance, and it could also lead to additional liabilities. Simply accepting the performance as is would forfeit any potential claims and leave the plaintiff with no remedial action for their grievances.

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