How to Take Legal Action Against Another Contractor in Missouri
Jul 10 2025 On Behalf of David M. Duree & Associates, P.C. Construction And Engineering Disputes
Disputes between contractors are common, and some require legal action to resolve. Whether a subcontractor failed to perform, there was a breach of contract, allegations of negligence caused financial loss, or a workplace incident caused an injury, you may have to file a lawsuit against another contractor to recover compensation.
If you’re a contractor in Missouri and are considering filing a lawsuit against someone else, understanding how to take legal action is the first step and will set you up for a better chance of success.
Determine the Basis for Legal Action
Before taking any legal action, you must identify the grounds for your lawsuit. Legal grounds are the reason for your lawsuit, and common reasons for contractors to sue each other in Missouri include:
- Breach of contract occurring when one contractor fails to meet the terms of a written or verbal agreement
- Negligence resulting in inadequate work that leads to injury, property damage, or financial loss
- Business interference occurring when a rival contractor intentionally disrupts your business relationships or contracts
- Non-payment for work completed, labor, or materials
Gather the Necessary Evidence
Any successful legal action is built on strong evidence. If you have a dispute with another contractor, it’s crucial that you keep detailed records of your contracts, invoices, change orders, and all communication with them. Depending on the nature of your dispute, you should also document the worksite with photographs.
This evidence will play a significant role throughout your case and can be the difference between recovering the compensation you are owed and losing your case.
Attempt Alternative Dispute Resolution
Before filing a lawsuit, you should have your lawyer send a demand letter to the other contractor and their insurance provider. This demand letter will outline your complaint and the compensation you are owed.
Once the other contractor receives the demand letter, you can attempt to settle your case through negotiation, mediation, or arbitration. These methods are often preferable to litigation because they’re quicker and less costly. If you don’t attempt mediation or arbitration, which are methods of alternative dispute resolution, the courts may instruct you to do so before taking your case.
File a Lawsuit Against the Contractor
If alternative dispute resolution doesn’t work, it’s time to file a lawsuit in the applicable court. Circuit Courts handle complex cases involving sums of money greater than $5,000 and are likely where most disputes between contractors will end up. However, your lawyer can determine which court is appropriate for your case and draft and file the necessary paperwork to initiate your lawsuit.
How a Missouri Litigation Attorney Can Help
Hiring a Missouri litigation attorney is one of the best ways to protect your rights and maximize your potential compensation. Your attorney will handle your case from start to finish by:
- Investigating the incident and gathering evidence demonstrating the other contractor’s fault
- Calculating the compensation you deserve for your losses
- Handling all communication with the other contractor, their lawyer, and their insurance company
- Entering negotiations to seek a fair settlement without the need to go through a lengthy trial
- Taking your case to trial if the other contractor or their insurance company fails to offer a fair settlement
Contact David M. Duree and Associates, P.C.
If you are a contractor who has been wronged by another professional in your industry, you may be able to recover compensation from them by filing a lawsuit. At David M. Duree and Associates, P.C., we have over 40 years of legal experience in Missouri. Contact our law office today for a confidential consultation where you can learn more about your options for seeking the compensation you need.