Must a homeowner pay the balance due for a job that wsn not done correclty or completely?

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Must a homeowner pay the balance due for a job that wsn not done correclty or completely?

I entered in a contract with a contractor to do concrete work; 1/2 payment on starting and the balance when finished. They are now done but there are holes in the concrete, They broke part it pulling the form off and they removed my gate to pour the concrete and won’t put it back unless I pay them additional. The gate will not go back the same way it was. I did not conceal any information; they knew this before the job was started and said no problem. Am I obligated to pay the balance since the concrete is poured or do they need to fix everything correctly?

Asked on April 16, 2012 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You both have rights here and it is up to a court to balance them accordingly.  If you wnt to disput the work done and force him to fix it then I would take him to court to do so.  He has a right to be paid for the work done bu of course not for shoddy work.  As for the gate, how does your contract read? Is it mentioned specifically or inferred in any way?  I would have ana ttorney review the contract to let you know where you stand.  Good luck.


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