What are my rights regarding furniture that was not finished in almost 2 years?
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What are my rights regarding furniture that was not finished in almost 2 years?
I had a guy do a couple pieces of woodwork for me. I liked his work so well that I had him do another piece. It was started 2 years back but still is not finished; I just stopped calling/texting him. He messaged me last week saying that he was going to stop by and finish it and to get a check for materials. He dropped off 1 shelf but not anything else that went with it. It is usable so I have been using it but it is not finished. Since he did not finish it in a timely manner, can I refuse to pay it and make him come get it? Also, I understand that he spent money on it so if he is charging me for materials. Can I ask him for an itemized list of all the materials? He dropped the bill off for $800 and it was plywood, a couple of nice pieces of lumber, drawers, and 1′ x 4′ pieces of wood. I do not need to have this piece anymore and I have
Asked on July 2, 2019 under Business Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Assuming that two years is unreasonably long for an item like this (i.e. notably or unreasonably longer than it should take), you could consider him in breach of contract and refuse to pay for anything else or accept anything from else. He could in turn try to sue for the money, but if you can show in court that he has taken too long, he will be limited to being paid for the work he completed and delivered to you.
You can also send him a written notice, sent some way or ways you can prove delivery of it, giving him a month to retrieve his items or else you will consider them abandoned and dispose of them--you have no obligation to store anything for anyone else. If he does not retrieve the items, you could throw them out.
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