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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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A contractor was to take down a tree, remove all debris then take out that stump and 2 oth

Customer Question

A contractor was to take down a tree, remove all debris then take out that stump and 2 other stumps. Work was to take 2 or 3 days (This was verbal, not in contract). They took part of tree down one day, came two days later & took down rest of tree. Two weeks later they took away the pieces of tree and most of debris. Leaving pieces of tree all over my yard for two weeks has killed the grass (which was seeded last fall)and has left holes in yard where tree pieces were left to just drop. I was informed that they would take care of grass and holes. Have not heard or seen them since. It has been a month since they started work. How long must I wait before I get somebody else in here to finish the job? I have paid no money yet.
Submitted: 5 years ago.
Category: Legal
Expert:  Ellen replied 5 years ago.
Hello,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button

The contractor appears to be in breach of contract.

A contract may be oral or written.When there is a contract and the contract is not adhered to by one party, that party has breached the contract. The nonbreaching party of the contract is entitled to the damages that result from the breach.

In your situation, your contractor has breached the contract. Consider giving the contractor 10 days written notice of his breach. If he is unable to correct the problem, you may hire a new contractor to complete the work and deduct the monies paid to the new contractor from the amount owed to the former contractor