Can I hire a different contractor to fix what another one did wrong?

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Can I hire a different contractor to fix what another one did wrong?

I hired a company to install a exterior french drain in my yard. They did it incorrectly and had promised for over a month to return to fix it. I never paid them, was holding it until it was fixed. Over 2 months has passed and they never showed to fix the drain, they won’t return my calls. It’s like they are

completely ignoring me. I’d like to go ahead and hire a different company to fix the drain. Am I OK to

do this and not worry about paying the previous contractor since they’ve never showed up to fix my drain and collect there money?

Asked on August 3, 2017 under Real Estate Law, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

You can hire a new contractor to complete / correct the work.  You can sue the first contractor for breach of contract.  Your damages would include the costs of completion with the new contractor.  You will need to mitigate (minimize) damages by hiring a new contractor whose fees are comparable to other contractors in the area.
Although you can sue the first contractor immediately for breach of contract, you may want to hold off until that contractor asks for his money.


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