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We hired a contractor to remodel our bathroom on june 12. He

 
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Customer Question

We hired a contractor to remodel our bathroom on june 12. He started working on june 13, but has since taken his time on doing much of anything else. As of today, he is still only half done on the project because he likes to work for a few hours and then makes an excuse to leave. There is no finishing date on the contract and we are paying for labor only. We have provided all the things he needs, minus the tools. He tells us when he shows up that he will be here early the next morning, which means around 2 or 3 pm. The total amount for the job was 3495, with 50% down and 50% upon completion. We already paid $1800 up front. Can we fire him and release the contract without having to pay the remaining amount?

 

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Country relating to Question: United States
State (if USA): North Dakota

Already Tried:
To reason with him on finishing our bathroom. He continues to apologize and make up excuses, but still is half ass doing anything with finishing the job. He also mentioned something about leaving to bid on a job in california.

Submitted: 296 days and 1 hours ago.
Category: Legal
Value: $69
Status: CLOSED

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Expert:  LADYLAWYER replied 296 days and 1 hours ago.


LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : Yes, you may pay him for the value of the services rendered and release him from the contract. He could try to claim there wsas
LADYLAWYER : Was a Breach of Contract but your defense is that he is frustrating the contract and is also in breach because of the time he is taking to complete it.
LADYLAWYER : Generally, in these types of situations, it is very rare for the contractor to sue on a potential breach.
Customer :

so we would not be liable for the remaining 50%? We plan on firing him today and telling him to take his tools with him.

LADYLAWYER : Contractors usually place a mechanics lien on the home but they can only be placed on the home if the contract permits it.
LADYLAWYER : He could try to sue you as anyone can sue for anything. But no he would not be successful.
LADYLAWYER : You have solid defenses and can also file a counter suit against him for breach of contact and delay. Damages for delay are generally recoverable in North Dakota. N.D.C.C. §32-03-09.
Customer :

we had no lien for the this, other than the 50% we put down up front, as per his contract. The contract is very basic and actually takes up about half a page.

Customer :

Since we had no actual date for completion, can we claim delay? The medium project has already doubled in time from his estimate of 5 days to complete. we are now at 10 days and only half done with no end in site.

LADYLAWYER : You don't need to worry about the lien, I just wanted you to know about it in case he threatened to do this. It is for materials only anyway and can only be done if the contract allows it. That doesn't mean he won't try to threaten you with it or file one but the law is on your side with regard to it.
LADYLAWYER : Yes, you do not need an actual date of completion to claim delay. A contract must be performed in a reasonable time if there is no time set and in a manner that is customary to that profession.
Customer :

I think that is good. and just in case, I will call the police. thank you.

LADYLAWYER : You're very welcome! If you have any further questions I am happy to answer them! If not please don't forget to press the accept button before exiting the chat. Thank you!

Expert TypeLawyer
Category: Legal
Pos. Feedback: 98.8 %
Accepts: 3775
Answered: 6/23/2012

Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts

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