Legal Question in Business Law in New York

I owe my contractor a final payment of $5,094.00 I was going to only sent him $1,000. as there are a few items that need to be finished. Once they are complete I will pay him in full. The contractor want's payment in full before he completes the few items. I'm sure once I pay him in full I will never see him again. I was being nice in sending him $1,000 & was going to hold the rest in case I need to hire another contractor to finish the work. He want's his $ - Am I right to have the work complete & them pay in full? Should I send $1,000 or more? Please advise - Thank you


Asked on 8/26/10, 8:25 am

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Any attorney will say you should first check and see if he is a licensed and bonded contractor. If he isn't, he has problems collecting anything. Check with your state's contractor licensing board. Second, what does your contract say about payment? You may have grounds to withhold final payment if the job is not complete and you have reason to believe he won't finish. Show your contract to and consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/31/10, 8:49 am


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