Legal Question in Civil Litigation in Maryland

Can payment be demanded?

As a business owner in the home improvment industry I am under contractual agreement with a homeonwer. In the process the homeowner breached the contract and delayed completion by not having the required materials onsite. Futhermore, he became hostile and a jerk to myself and my staff. I have reason to beleive he will not fullfill his payment obligation. Can I demand payment for work performed and the remaing work to be done, before we begin the last phase of the project? The remainig labor represents about 1/6 of the contract. The balance owed is 1/3 plus an invoice for additional work already performed.


Asked on 11/27/07, 9:56 am

1 Answer from Attorneys
Eugene Policastri Bromberg, Rosenthal, LLP

Re: Can payment be demanded?

If the contract has been breached, the builder can terminate and demand payment in full for work performed and materials supplied and if the project would improve the value by more than 15% exercise mechanics' lien rights.

The builder can also renegotiate payment terms.

You should not proceed without the advice of counsel - to review and guide you on exercising your contractual rights.

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Answered on 11/27/07, 10:07 am


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