Legal Question in Business Law in New York

contact to do work

A contractor submitted a proposal to do construction work to my mortgage company,he completed 95% of the work but won't finish the rest. He only billed them for the work he completed. Does he have to complete the other 5%?


Asked on 6/22/00, 3:22 pm

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: contact to do work

These cases are very fact specific. You do not explain the contractor's position. Was he paid the full amount? Did he do extra work for which you are now refusing to pay? What does the contract say?

Do you want him to finish the job? If you are not satisifed with his work, you may wish to get estimates from other contractors and consider using them.

There are administrative agencies that can help mediate the dispute.

A strong letter from your attorney may also move this matter forward.

Hope this helps.

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Answered on 9/01/00, 8:31 am
David Wright Law Offices of David Wright

Re: contact to do work

Note that under NY law, if the work was for home improvement, the contractor was required to put all the terms of the agreement in writing. There may be civil and criminal penalties for not doing so.

Generally speaking, if a person makes a contract to do a job, he has to do the whole job. If he fails to do so, the usual measure of damages is "benefit of the bargain." If you gotta pay somebody else more to finish it, then the first guy would generally have to pay the difference (plus also the expenses incurred in seeking new bids etc).

Especially in construction, the "last 5%" may be the most important, since you are usually looking to get a Certificate of Occupancy for the work.

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Answered on 9/02/00, 5:53 pm


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