What options do I have to deal with a general contractor who did not deliver products and services that were promised and paid for?

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What options do I have to deal with a general contractor who did not deliver products and services that were promised and paid for?

We had this contractor replace flooring lost due to a dishwasher leak. He provided defective flooring but refuses to replace it, although we had previously offered to do so. He “just doesn’t want to” do it any more.

Asked on March 12, 2012 under Real Estate Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the contractor for breach of contract for the defective floor he provided and his refusal to replace it.  Your damages (the amount of compensation you are seeking in your lawsuit for breach of contract) would be either the contract price you paid or the cost of completion of replacing the floor if you hire another contractor to do the work.  If you hire another contractor to complete the work, you will need to mitigate (minimize) damages by hiring someone whose fees are comparable to other contractors in the area.  If you were to select the most expensive contractor you could find to complete the project, you would have failed to mitigate damages and your damages would be reduced accordingly.


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