Am I required to pay money

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Am I required to pay money

I signed a contract with a
contractor and they have 90 days to
complete the work they did most of
the work 2 months ago but never
returned or called so if they
breach the 90 days am I required to
pay the balance owed

Asked on November 29, 2018 under Business Law, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

You can sue the contractor for breach of contract without tendering performance (payment). However, you will eventually be responsible for paying for the portion of the work that was completed. You are not liable for the portion of the work that was not completed. Additional costs you incur for hiring another contractor to complete the work should be included in your damages (monetary compensation you are seeking in your lawsuit) for breach of contract. You will need to mitigate (minimize) damages by hiring another contractor whose fee is comparable to the original contractor.  If you were to hire the most expensive contractor you could find, your damages would be reduced for failure to mitigate.


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