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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, I signed a contractor agreement with my exboyfriend.

Resolved Question:

Hello,

I signed a contractor agreement with my exboyfriend. He was to be the contractor and I was going to pay him by giving him my boat, motor and trailer for the boat. I want to end the contract, since work was started, but never completed. He continues to say he can sue me for not letting him finish the work, but I do not want him in my home any longer. Can I cancel this contract?? Or does he have a right to finish? Contract does not have a cancellation clause or an date of completion for the work

Teresa
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.
Does the contract have any kind of language which says when payment is due?
Customer: replied 5 years ago.

Progress payments--states that the boat shall be delivered to my address prior to start of work and removed by contractor after the above work is finished.

Expert:  TexLaw replied 5 years ago.
OK. If the contractor has not completed the work, and you have moved the boat to the property, then the condition for him to take the boat is to finish work.

You can technically terminate the contract. But this would mean that you owe the contractor for the work that has been performed up to the date of the termination.

How much work has been done? What kind of work was it? Did the contractor purchase any material which was added to your property during the construction work?
Customer: replied 5 years ago.
He has completed some electrical work, but I helped with it. None of the work has been done solely by him. This has been a work in progress since August. No I have purchased all materials.
Expert:  TexLaw replied 5 years ago.
OK. You need to send him a certified letter which says that you are terminating the contract because of his material breach and failure to complete the contract as agreed. The only thing that will keep him from having a right to sue you for some sort of payment for the work he has done is if you settle with him. You need to explain that you want to pay, but you will only pay for the value of the work done, which is less than the value of the boat, etc. He is owed something for the work performed and the two of you need to come up with an agreement as to what it's value is. If you can't come up with an agreement, then he can take you to small claims court and the court will decide what the value of his work is and whether the contract was valid in the first place or not. However, you do not have to turn over the property to pay him if he has not completed the work and you can terminate the contract.
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