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

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

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.

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