contractor is trying to extort us for more money and wont finish the job. He is trying to get money for an order he screwed up. he ordered the wrong cabinets and is trying to stick us with the bill. he ordered the wrong thing, not my fault.

He ordered wrong cabinets. Said the distributor is charging a certain amount, we
greed to share the cost. Now at the end of the job he is saying he wants more
money and won’t finish the job. We have payed for the job he is trying to extort
more money and wont complete job.

Asked on August 24, 2018 under Business Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue him for a return of the money you have already paid him and/or for a court order directing him to finish the work. He is not allowed to use his own mistake to avoid having to perform under the contract or to make you pay more than you agreed: rather, when one party to an agreement (such as the agreement, whether written or oral, under which he is installing the cabinets in exchange for a certain amount of money) makes an error or mistake, he or she has to absorb that cost and is still held to the terms of the conrtract. Since it is procedurally more complicated to sue for a court order than for money, the easiest, most straightforward thing to do is to sue him for the money you paid back for "breach of contract"--for not completing the job he agreed to do, and thereby violating the agreement. If the amount is less than your state's limit for small claims court, you can sue him in small claims: not only will that let you act as your own attorney ("pro se"), saving money, but small claims court is faster than other courts.

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