Legal Question in Real Estate Law in Missouri

I signed a contract for a new roof, tuckpointing, painting exterior and new windows because of hail damage to my home. The contract states the work would be completed within 90 days from the July 15th start date unless unforseen circumstances occur and I would also recieve lien waivers. The original contractor had most of the work completed except the exterior painting, gutter finishing and a few minor tasks and never provided the lien waivers before walking off the job. I made attempts to call him/office and finally in January the new replacement contractor called and said he would finish the job in the spring when the weather was better and he would get the lien waivers to me by Jan 20th. I have not received the lien waivers to date of Feb 25th and he will not return my calls. I paid half down on the project. What can I do to get out of the rest of this breached contract and not pay them the other half of the balance since they breached the contract? Please advise.


Asked on 2/25/13, 8:41 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Based upon the facts you described, it appears that you have not yet paid for all the work that has been done thus far. Therefore, you may remain liable to the first contractor for the unpaid work that was completed with the ninety days. They breached the deal, so you probably do not have to use them for the rest of the work. But, without seeing what your work agreement actually says, it is impossible to estimate your exposure or determine your options with any certainty. You should consult directly with a civil practice attorney in your area. Allow them to read all the relevant documents and ask you questions.

Good luck

Read more
Answered on 4/06/13, 12:43 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Missouri