My Client is Suing Me for Criminal Negligence – Now What?

Being a contractor comes with serious responsibilities. Contractors are expected to protect the safety of their employees and clients, comply with local building regulations, and complete projects as promised.

But what happens when something goes wrong? What if a contractor fails to deliver the agreed-upon work or someone is injured on the job site? In some cases, these issues can lead to serious legal consequences, including criminal charges or civil lawsuits.

If you are being sued for criminal negligence, your first step should be to speak with a lawyer. In the meantime, here is what to know:

What is Criminal Negligence?

Criminal negligence occurs when a person acts – or fails to act – without reasonable care, and this behavior puts another person at risk of injury or death. Contractors are responsible for exercising a reasonable degree of care and skill to avoid construction defects that could lead to harm.

They can also be held liable for the negligence of subcontractors under their supervision.

Fraud and Negligent Misrepresentation

Many lawsuits in the construction industry relate to fraud or negligent misrepresentation. Fraud involves knowingly misrepresenting the quality of work or taking payments without completing the job.

For example, a contractor agrees to tile a bathroom but uses unsuitable or poor-quality materials to cut corners. A few weeks later, the tiles begin to fall off, leaving the client with costly repairs.

Negligent misrepresentation happens when a contractor presents information as fact, without verifying its accuracy. An example would be a contractor recommending a specific hardwood floor for installation over a heated surface, despite knowing the material isn’t heat-compatible.

If the floor is later damaged, the client may pursue legal action based on that recommendation. You can learn more about this type of claim here.

What to Do If You’ve Been Charged with a Criminal Offense

If you’re charged with a criminal offense, it’s important to contact a lawyer as soon as possible – ideally right after your arrest or during the initial questioning stage. Criminal defense lawyers with construction law experience can help guide you through what happens next. Here’s what the legal process typically looks like:

• After speaking with your lawyer, you’ll be required to appear in court.
• The prosecution will provide a disclosure of evidence against you.
• Once you and your lawyer review the details, you’ll enter a plea – guilty or not guilty.
• If you plead not guilty, the case moves forward to trial.

What to Do If You Are Being Sued

In most cases, contractors face civil lawsuits, not criminal charges. Clients may sue due to dissatisfaction with the work, actual defects, or contractual disputes. While some claims are legitimate, others may be based on misunderstanding or unrealistic expectations.

If you are being sued, follow these steps:

• Take note of how you were served notice of the lawsuit. In some cases, improper service can be challenged in court. – Respond to the complaint in a timely manner. Ignoring the notice can lead to a default judgment against you.
• Review the claim with a lawyer who understands construction law. They can help you determine your legal options and prepare your defense.
• Check your insurance policy. Many contractor insurance plans include legal defense coverage or financial protection for claims.
• Being proactive and organized can make a significant difference in how a case is resolved. Keep all documentation related to the project – contracts, change orders, communications, and receipts – as these may be critical in building your defense.

Final Thoughts

Legal issues in the construction industry can be complex, whether you’re dealing with criminal charges or civil lawsuits.

While mistakes can happen on any project, staying informed and prepared can help you navigate problems before they escalate. Always act with integrity, document everything, and seek legal guidance if you find yourself facing accusations.

Construction work carries high expectations – but with the right precautions and protections, you can keep your business strong and your reputation intact.