Remedies Generally | Money Judgment | Injunction | Insurance | Penalties for a Frivolous Claim

Obtaining Relief; Payment, or Performance 

There are several options to effectuate a recovery or  remedy:

1. If you obtain a money judgment, you can use it collect (or  garnish) against the defendant’s assets;

2. Get insurance proceeds, if coverage exists (preferable);
3. Obtain an injunction or specific performance;

4. Bonding, on a construction contract (also preferred);
5. An injunction of specific performance;

6. Complaints to outside entities (BBB, Attorney General)  and punishment/criticism from outside entities;

7. Mechanic’s Lien, for construction law (excellent method);

8. Complaints to outside agencies: attorney general, local  news, BBB, Angie’s List, etc. While you are within your  rights to report any fraud to the government (such at the  attorney general), a comment to a private entity carries the  risk of defamation or trade disparagement, if the  complaining party is found to be factually incorrect.

THE AMOUNT OF MONETARY AWARD:

A party can get a judgment in court or through binding arbitration, if the parties agree to binding arbitration. The amount of the money judgment amount will be based  upon the extent of damages that depend on the parties’  agreement and any number of the following:

1. Statutory interest is six percent, but additional interest  may apply;

2. The amount of unjust enrichment (where, in the  absences of a contract, one party receives a benefit beyond  any contract for which that party has not paid);

3. The extent of detrimental reliance on a promise (in the  absence of a contract);

4. Unfair Trade Practices and Consumer Protection Law;

5. Resulting damage to persons property from negligence;

6. Costs to put the party in the position he would have been  had the contract been performed;

7. The extent of an unresolved punchlist;

8. Substantial defects in work or the amount of payment;

9. Where sanctions are payable;

10. Receipt of non-conforming goods;

11. Failing to receive the benefit of one’s bargain – i.e.,  having to pay someone else more to complete performance;

12. Personal injury to the property owner or others;

13. A party may also seek an injunction in the form asking  the court to compel the other side to do something (such as  continue to work on the job), but only when the contract  calls for it, generally, or no adequate remedy exists at law  (money is not enough). See Injunction and specific  performance and procedure before commerce court.

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