If we owe our builder money for upgrade charges but our basement is leaking, can we wait to pay him until he fixes the problem?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we owe our builder money for upgrade charges but our basement is leaking, can we wait to pay him until he fixes the problem?

Asked on January 23, 2016 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to pay him for work which he did do and which met professional or commercial standards (e.g. the upgrades); you can't withhold payment for work correctly done. You could withhold payment relating to the basement specifically, if the work was not yet completed to reasonable professional standards; or if you did already pay for the basement, you could sue him for compensation (e.g. the cost for someone else to correct the problem; and for the value of any of your property damaged by water).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption