UPDATED: Oct 1, 2022
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A contractor is remodeling my bathroom. They have busted holes in other walls fixing it, including second bathroom wall. Didn’t mention mistakes until we did. Then they patched up. The shower comes on but also is running when bathtub the water is running. He refuses to fix this though because he says that it was already like that which is not true. Can we withhold payment until he does the work or should we pay and try lawsuit for this?
Asked on June 17, 2018 under Real Estate Law, Alabama
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You can withhold the money due to his nonperformance of the contract--his failure to complete the contract by fixing the last problem and having the plumbing working correctly. He may tryt to sue you for the money, but you would then raise his nonperformance and also professional negligence (carelessless) as a defense to the obligation to pay.
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