Legal Question in Construction Law in Pennsylvania

What does your written contract say? Ordinarily, if there is a problem, the better practice is to give the contractor notice to remedy the problem before the contract is deemed breached. If a home owner has hired another contractor to fix the problem and wants you to pay for it, you can defend on the ground that the opportunity to cure the defects was not provided. If you are the howeowner, then send a certified letter to the contractor advising of the problems and ask that they be fixed within a reasonable time (it depends on the work to be done as to what is reasonable here - I would go with 30 days unless there are other factors, like the work is to be done outside and it rains every day). And tell the contractor that if he does not fix thedefects that you will find someone else to do the work and hold the contractor liable for any increased costs. If they are not fixed, solicit written reports from other contractors as to what it will cost to fix the problem. Get written reports and take pictures. Get the work done. If you have already paid, sue for the whole amount. If you have not fully paid the firsts contractor, then sue for the difference between what you paid the second contractor a nd what you would have paid the first contractor if its more.