What is the remedy for a homeowner if the contractor does not correct a known defect?

Filing a lawsuit is a legitimate remedy for a homeowner if a contractor fails to correct a known defect. This legal action can help the homeowner seek compensation for damages or compel the contractor to fulfill their obligations under the terms of the contract. Depending on the severity of the defect and the contractor's response, the homeowner may pursue various legal avenues, such as breaching the contract claim or seeking damages for the failure to perform.

Stopping payments may not be a wise choice without proper legal guidance, as it could lead to potential breach of contract claims against the homeowner. Similarly, notifying the local building inspector might be relevant in cases concerning safety standards or code violations, but it doesn’t directly resolve the contractual issue with the contractor. Contacting the subcontractor directly could also be an option, but it may complicate matters, especially if the subcontractor is not the primary party responsible for the defect. Therefore, filing a lawsuit provides a structured approach to address and rectify the issue legally.