Legal Question in Construction Law in Washington

Re: Unpaid Invoice vs Contractual Liability

Probably not. Defects and payments are different things. The customer has a duty to pay you; you have a duty to do the correct job. Each of you has separate rights and obligations that should be spelled out in your written contract.

It would be smart to do your level best to be sure that you have done what you are contractulally required to do before complaining that the other party is breaching the contract.

Your duty to insure your work meets the standards of your trade is not dependent on the customer's obligation to pay for the work. You can be liable for a defect whether the work is properly paid for or not.

Sounds as though the problems are related, but no Judge is going to allow you to do bad work and disclaim liability for it because you are not paid.

If you are not paid, you can have a lien and you can sue for the money you are owed. You cannot do a bad job and say two wrongs make it right.

I hope this helps. Powell