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Complaint Against Building Contractor for Failure to Complete...

Montana Complaint Against Building Contractor for Failure to Complete Construction

Category:

Civil Actions - Complaints - Construction Contractors

State:

Multi-State

Control #:

US-01131BG

Format:

Instant download

Description

The failure of a contracting party to substantially perform the terms and conditions of a construction contract entitles the other party to the contract to sue for damages resulting from the breach of the contract. The measure of damages in such cases is generally held to be the amount above the contract price that it costs the other party to complete the services in accordance with the terms of the contract.

This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(2) (a) Within 7 days after a contractor receives a periodic or final payment from an owner or a state agency, the contractor shall pay the subcontractor, if any, the full amount due the subcontractor in ance with the subcontract for work performed or materials provided in ance with that subcontract.

Montana has a ten year statute of repose for construction defects. MCA § 27-2-208. However, if the injury occurred in the tenth year, the claim may be brought within one year of the injury occurring.

Independent contractor's licenses First, prove you independently own a business. Get a Montana Tax Identification Number with the Montana Department of Revenue. Then fill out an independent contractor exemption certification. You can also choose to purchase a self-elected workers' compensation insurance plan.

General contractors, including handymen, are not required to hold a license to work in Montana. However, if you have employees, you will be required to register with the Department of Labor and Industry, Contractor Registration Unit. To register, you must show proof of Montana workers' compensation insurance.

If you do both general or independent contracting and specialty contracting (such as plumbing or electricity), you will need both a general or independent contractor license and a specialty contractor license.

Visit the Department of Labor and Industry to file a complaint against a contractor in Montana. Online: To file a complaint online, visit the complaint form and fill out the requested information. Once completed, you can submit the form. By Mail or Email: If mailing, print and fill out this form.

Montana's laws state that anyone who "constructs, alters, repairs, adds to, subtracts from, improves, moves, wrecks, or demolishes a building, highway, road railroad, excavation, or other structure, project, development, or improvement attached to a piece of real estate" is required to hold a license.

Independent Contractor Central Unit: (406) 444-7734 for Independent Contractor Exemption Certificate application questions.

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