home improvement payment?

[ruby]

Help, when will this nightmare end?
About 2 years we had home improvements done. The company returned to make corecctions for code violations and poor workmanship off and on over the next 10 months. We discussed a price negotiation but were not successful.
The city inspector was never called by the company for a final inspection. We have not heard anything from the company for a year although we know they are still in town. Will we ever have to pay anything? How long do we have to wait before we can write them out of our lives?

 

[Attorney_Replogle]

To begin with, I would assume and hope that you have something in writing with this contractor for the improvements. Since he has apparently not done what he was required to do by the contract, and also by the city codes, I would say he has broken the contract. So you don't have to wait for anything. He has obviously not timely fixed the problems that he has caused. So you can certainly sue this person in court if you want.

Ultimately you will end up paying for the reasonable value of the work done, not the total contract price. Unless the signed agreement provides otherwise. To continue, your price you will pay him should be reduced by the fact it was not up to code, the long delays in completion, etc.

Does this help?

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Mark B. Replogle

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Attorney_Replogle:
To begin with, I would assume and hope that you have something in writing with this contractor for the improvements. Since he has apparently not done what he was required to do by the contract, and also by the city codes, I would say he has broken the contract. So you don't have to wait for anything. He has obviously not timely fixed the problems that he has caused. So you can certainly sue this person in court if you want.

Ultimately you will end up paying for the reasonable value of the work done, not the total contract price. Unless the signed agreement provides otherwise. To continue, your price you will pay him should be reduced by the fact it was not up to code, the long delays in completion, etc.

Does this help?

<HR></BLOCKQUOTE>


My response:

The only other item that I would add to Mark's fine assessment of the problem, would be to check with your mortgagor and/or county recorder's office to make sure that there are no liens on your property for the contract price, or otherwise. If that's the case, your home is in jeopardy and you'll want to consult with an attorney in your area about your rights.

IAAL


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[ruby]

Thank you for your response. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Attorney_Replogle:
To begin with, I would assume and hope that you have something in writing with this contractor for the improvements. Since he has apparently not done what he was required to do by the contract, and also by the city codes, I would say he has broken the contract. So you don't have to wait for anything. He has obviously not timely fixed the problems that he has caused. So you can certainly sue this person in court if you want.

Ultimately you will end up paying for the reasonable value of the work done, not the total contract price. Unless the signed agreement provides otherwise. To continue, your price you will pay him should be reduced by the fact it was not up to code, the long delays in completion, etc.

Does this help?

<HR></BLOCKQUOTE>

[This message has been edited by ruby (edited April 22, 2000).]

[This message has been edited by ruby (edited April 22, 2000).]

 

[Tracey]

A further note: see if you can file a claim against the contractor's bond with the state. You'll probably get paid faster this way and avoid court fees.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.