What to do if I have contractor working on my house and he has been paid 3/4 of his bid and the work has yet to be completed?

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What to do if I have contractor working on my house and he has been paid 3/4 of his bid and the work has yet to be completed?

I believe he is in breach of his own contract because the very first line says that half of the box is to be paid for all materials. And he has been paid more than half and has not completed any work. What can I do to get my money back and him off my property?

Asked on September 5, 2015 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you believe that he has violated the terms of his contract and cannot work it out voluntarily with him, your recourse is to sue him for breach of contract in a such a suit, you typically sue for monetary compensation for the breach e.g. for the cost to have someone else complete the work and/or the return of some of your money if he has done any useful/correct work, he would generally be permitted to keep an amount commensurate with that work. You would need to prove the terms of the contract, which should not be hard--you can refer to the contract itself that you complied with your obligations e.g. paid at least as much as you were supposed to and that he has failed to honor his plain obligations, e.g. completion dates, under the contract.


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