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contract cancelled, no payment issued

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fregoso

Guest
What is the name of your state? California

A homeowner & I made a written contract to build a new addition to his home. It stated that he would provide & deliver all the material needed for the project. I started building but had a problem with the prompt delivery of material. So I told him that I would take care of picking up & delivering material for an additional fee & he agreed. We were going to add that to the written contract but now he claims that I also said that I would build a 30'X50' basketball court (which was not in the written contract) for the price quoted when I said that I would take care of the material. I did not say that because that would leave me with no profit. So I told him that I could build it for an additional fee if he wanted. He did not agree and decided to cancel the entire contract & stop all construction. He has not issued me payment for the work already done, since he claims that he doesn't have to pay because the project was not finished and so the contract was not fulfilled. I now owe money to the men I hired for this project. What can I do? How can I put a lien on the property? Or should I sue & take him to court for the amount I owe & my fee for the work already done?
 


HomeGuru

Senior Member
fregoso said:
What is the name of your state? California

A homeowner & I made a written contract to build a new addition to his home. It stated that he would provide & deliver all the material needed for the project. I started building but had a problem with the prompt delivery of material. So I told him that I would take care of picking up & delivering material for an additional fee & he agreed. We were going to add that to the written contract but now he claims that I also said that I would build a 30'X50' basketball court (which was not in the written contract) for the price quoted when I said that I would take care of the material. I did not say that because that would leave me with no profit. So I told him that I could build it for an additional fee if he wanted. He did not agree and decided to cancel the entire contract & stop all construction. He has not issued me payment for the work already done, since he claims that he doesn't have to pay because the project was not finished and so the contract was not fulfilled. I now owe money to the men I hired for this project. What can I do? How can I put a lien on the property? Or should I sue & take him to court for the amount I owe & my fee for the work already done?
**A: hire an attorney and sue. If you are going to be a businessman, conduct business properly like making sure everything is in writing.
 

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