Legal Question in Construction Law in District of Columbia

home improvement

If our customer is currently in breach of contract due to non payment for services rendered, and the customer brings payment current tomorrow (after a 2 wk absence from the job resulting from non payment) what is contractor's obligation to continue project if contractor believes there to be a 95% chance that customer will NOT make final payment after project has been completed? Can we walk away from our contract even if it does not say we can?


Asked on 3/27/07, 12:51 am

2 Answers from Attorneys
Carter Ferrington Bar Adon Vogel PLLC

Re: home improvement

A well-drafted contract would address these payment issues. Whether or not you're licensed in the District is another significant factor. If you're not, and you do not complete this job, the customer could get a judgement against you for all amounts that he's paid.

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Answered on 3/27/07, 2:35 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: home improvement

Without reviewing the relevant terms of the contract itself, this question cannot be reliably addressed. However, in light of the material breach(nonpayment)which has already occurred but which you apparently will now permit to be cured, you may wish to require the maximum advance possible from this nonperforming customer for the next phase of the work.

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Answered on 3/27/07, 7:14 am


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