Hiring a contractor to renovate your home or complete repairs should bring peace of mind. Instead, you receive notice that the work failed inspection. The project stalls, costs mount and you face uncertainty about who bears responsibility for fixing the problem.
Minnesota’s State Building Code sets the minimum construction standards that licensed contractors must meet; these standards often incorporate local requirements. Your contract terms and project stage are key factors in evaluating whether withholding payment may be a viable option when inspection failures disrupt your project.
Can you require the contractor to fix the work?
Under Minnesota’s contractor licensing requirements, licensed contractors must perform work that complies with the State Building Code. Whether a contractor is contractually obligated to correct work that fails inspection depends on the specific terms of your agreement. Reviewing your specific contract is the best way to understand what obligations apply.
Building inspectors issue correction notices detailing specific violations. These notices create a clear record of what the contractor must address. After completing the required corrections, the contractor typically must request a reinspection to confirm compliance.
What happens if the contractor refuses to make repairs?
Depending on your contract terms and the stage of the project, you may have grounds to withhold payment for work that fails inspection or remains uncorrected. However, withholding payment without proper legal basis can expose you to counterclaims, so reviewing your contract and consulting an attorney before taking that step is advisable.
Minnesota’s Contractor Recovery Fund may provide some relief if a licensed residential contractor fails to complete or correct work and a homeowner cannot collect on a court judgment against them. The fund has specific eligibility requirements, including obtaining a judgment first, and caps on the amount recoverable. Not every situation qualifies.
Your options when a contractor won’t make corrections
If the contractor refuses to make corrections and informal resolution fails, you may have options that include mediation, arbitration or formal litigation, depending on what the contract requires and the nature of the dispute. Speaking with a qualified attorney can help clarify your rights, evaluate your contract terms and determine the most effective path toward resolution.