secured lock Secured with SHA-256 Encryption

If my contractor stopped working, can I consider the contract breached?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my contractor stopped working, can I consider the contract breached?

I hired a contractor to remodel my attic. The terms of contract were 50% upfront and 50 when the job was completed. The subcontractors framed everything out, however then I got a phone call from the contractor saying that he was having financial problems and asked me for 25% of the remaining balance to continue work. I said no because I have been burned by contractors in the past. He then asked me to pay for the remainder of the materials so that he could pay his guys to finish the job. I paid for the materials and no

one showed up for a month to do work. In the contract it stated that the job would be completed by the 18th but now it’s the 16th of this month and nothing has been done. Am I within my rights to consider this contract terminated?

Asked on July 16, 2018 under Employment Labor Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The contractor is liable for breach of contract for not doing the work.
Although you are reluctant to sue, that is your recourse to file a lawsuit against the contractor for breach of contract.
Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you have paid.  You can also recover the cost of completion if you hire another contractor.  You will need to mitigate (minimize) damages by hiring another contractor whose price is comparable to that of the first contractor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption