Do I have a right to hold back partial payment for work done if there are problems with it?

I just had a concrete driveway installed for $10,000 and now received a bill for the remaining balance about $7,000. There some defects in the driveway I’d like taken care of before I pay the entire balance. Is this legal? I don’t want this to affect my credit.I’m considering holding back $1,000 – $1,500 and paying the rest.

Asked on July 20, 2012 under Business Law, Minnesota


Ian Kravitz / Malka & Kravitz, P.A.

Answered 8 years ago | Contributor

You cangenre rally hold back a reasonable amount as may be necessary to cure the alleged defects.  Whether that holds true for you, and how best to handle your contractor will depend on the specific language of your contract.  You should have legal counsel review your contract to be sure of your rights.

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 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.