If I hire a contractor to work and they don’t perform the duties as they stated on their resume, do I still have to pay them?

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If I hire a contractor to work and they don’t perform the duties as they stated on their resume, do I still have to pay them?

I hired an independent contractor that stated he would make a certain number of calls a day for my business. Contract states quota. He never made quota and the work he turned in was not indicative of what he had on his resume. He was not qualified for the job as he said he was. Do I have to pay him?

Asked on May 15, 2012 under Business Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you write, you seem to have two possible grounds to refuse payment:

1) Breach of contract. If the agreement set out a quota, and the contractor has not met it, he has breached the contract. A material, or important breach, by one party absolves the other party of its obligations--such as to pay for work not done.

2) Fraud--if the contractor knowingly misrepresented his experience, training, abilities, etc. to get you to sign with him, that could be fraud, and fraud provides a basis to rescind an agreement. However, with this potential ground, an issue will be what you can or cannot prove if litigation later ensues.


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