If a general contractor I hired seems incapable of finishing the job, how can get out of the contract without paying for the work he hasn’t done?

About 6 months ago I signed a contract for a small addition which he said he could complete in 2 weeks. Everything that can go wrong has – the roof was left untarped and water rained down through the entire house, large areas has to be reframed, at several times I had to go back and explain to them how to frame certain areas and then do some of it myself. At one point his entire labor crew left and he had to find a new one. Now 4 out of the 6 windows he installed are incorrect and he seems completely incapable of fixing them and finishing the project.

Asked on November 4, 2011 under Real Estate Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the general contractor that you retained to do a work of improvement on your proeprty is simply not up to the task of completing the project in a timely manner and in a well constructed manner in your assessment, you need to have a meeting with him or her about your concerns in order to set deadlines to complete the project in writing to be signed by you and the contractor.

If the project is not completed in the time period agreed upon, you can then terminate the agreement, hire a new contractor to finish the job and figure out how to do the allocation of payments and any refunds due you.

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