I had contracted with a company to do some work, but they have not finished or compied with the contract and want me to pay them. They damaged some property that they have aknowledged they are responsible for but all I get is phone calls asking for the money owed and more promises to complete the work. I want to hire another company to finish the work and deduct that bill from the orginal contractor's bill. Can I legally do this? It has been in excess of 45 days that the work has been waiting for completion. If it matters, I'm in WI; and this is work that is being paid thru a homeowners claim.
Thanks.
2007-05-03 02:29:48 · 4 answers · asked by susan_s53051 1 in Business & Finance ➔ Other - Business & Finance
First don't pay the first contractor any more money, then contact the insurance company and a lawyer about how to proceed.
2007-05-03 02:36:18 · answer #1 · answered by booboo 7 · 0⤊ 0⤋
You have multiple issues to deal with.
If your contract calls for progress payments for any work satisfactorily completed to date, you generally must make those payments. If they have a mechanic's lien on your property they would have you over a barrel on that to some extent.
As to the damage that they've caused, that is a separate item really. Owing them money for other work completed does leave you in a bit of a stronger bargaining position but there's still that pesky mechanic's lien to worry about.
If you hire another contractor to finish up the work you'll owe that contractor for whatever work they do. You may prevail in a suit against the first contractor for the damages and non-performance but that will take time to resolve.
Your best bet for now would be to consult with a local attorney. Your rights will be affected by the contract that you've signed and you really need the advice of an attorney on that.
2007-05-03 02:43:03 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
A lot of contractors don't like to finish somebody elses work
because if something goes wrong, the second contractor
doesen't want to be held responsible for the work the first
contractor did. Get legal advise, as to weather you can hold
the rest of the money in "escrow" until the work is finished.
2007-05-03 02:42:28 · answer #3 · answered by Anonymous · 0⤊ 0⤋
retain a reputable attorney. most contractors will not follow a first contractor. Sue them. They are giving you the run around.
Go over the contract is the a clause for reasonable time to complete. Call the insurance agency this is unacceptablel.
Time to take the gloves off
2007-05-03 03:55:58 · answer #4 · answered by tennessee 7 · 0⤊ 0⤋