Legal Question in Construction Law in New York

Firing a contractor

How many chances do you need to give a contractor to fix problems. We are having a bathroom redone, had major issues with the bath and tile floor. Contractor agreed floor needed to be redone. We gave him a chance and he only replaced a few tiles and didn't redo the floor as promised. There have been other lies and we have no faith that the work will be done properly, do we have to give him another chance or can we break the contract. We still owe him 5K


Asked on 3/02/07, 11:35 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Re: Firing a contractor

You have to give the contractor a reasonable opportunity to correct the problems. If he fails to do so, you can terminate the contract. That is not a "breaking" of the contract: it is the contractor who breached the contract.

These sorts of steps should be taken with the advice of counsel experienced in construction law. You can pay me (or someone else) now, or you can pay the lawyer(s) later. Later costs more. Sometimes oodles more.

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Answered on 3/02/07, 11:44 am


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