Get Legal Help Today
Secured with SHA-256 Encryption
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 3 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.
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 AttorneyPages.com 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.