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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87775
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can I lock a contractor out of my house if the work was not

Resolved Question:

Can I lock a contractor out of my house if the work was not completed on schedule?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me more:

1) What exactly were they installing?
2) How far behind are they?
3) What have you pre-paid them, if anything?
4) Do you also with to cancel payment and/or not to pay anymore?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

repair from storm damage everything.


30 days.


16,000.00 dollars.


dont understand 4th

Expert:  Ely replied 1 year ago.
L,

Thank you for your reply. Let me put this another way - who is paying for the repair? You personally, or an insurance company, etc?
Customer: replied 1 year ago.

Me ,personally .i already paid $16,000.

Expert:  Ely replied 1 year ago.
Thank you, L.

The answer is theoretically yes, you can. If it is your home, then no one can FORCE their way inside to do any type of work.

Now, if your reason is that they are behind, then one has to take this a step further and claim MATERIAL BREACH OF CONTRACT. Allow me to explain.

Breach of contract may be minor, or material.

A minor breach is substandard performance but one that does not cancel the contract.

A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.

Is it a minor or material breach? The Court would decide based on the following subjective factors:

1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.

So someone in your situation may wish to claim a MATERIAL breach by their complete lagging of schedule, and declare the project VOID and stop it. Whether or not the contractor agrees to simply walk away, or, attempts to have the Courts be involved, is up to them.

I hope this helps and clarifies. Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

If I claim a material breach, can I get some of my money back.?

Expert:  Ely replied 1 year ago.
Leonore,

The answer is yes, but only if you end up filing (or counter-filing) in Court arguing that their job was so terrible, that it does not warrant you paying them anything. Then, it would be up to the Court to decide. There is a bit of risk involved, of course.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

What would The risk be? Please explain?

Expert:  Ely replied 1 year ago.
Leonore,

Well, there is always a chance that the Court would decide that them simply falling behind on schedule is NOT a material breach but only a minor breach. If so, then the Court may hold you liable to finish paying on the contract minus the inconvenience of not having it done on time, plus court costs.

In addition, litigation is not a happy affair. It is stressful, and many people forget to take into consideration the emotional toll of the matter which may not be worth the underlining dispute.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

In addition to not being finished on time, only 10% of work is done. Does that seem justifiable in getting someone else to complete repairs?

Expert:  Ely replied 1 year ago.
Leonore,

Arguably, yes. Of course it depends on the schedule. If they are days behind schedule, that is arguably a minor breach and does not qualify. However, if they are weeks or months behind and have shown no interest in even catching up or care of doing so, arguably, this is a material breach.

If this is deemed a material breach, the party (i.e. you) can walk away, cancel payment, and even seek payment for the third-party contractor they were forced to hire to finish the job when the original contract would not.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Ely I punched all the wrong faces . How do I correct it.?

Expert:  Ely replied 1 year ago.
Leonore,

Oops,it happens. That is okay. As long as you punch one happy face, it will "void" the other negative faces. It is a unique system, I know.

You will have an opportunity to punch another face once I reply with this text. Also, if you are simply unhappy or need more information, feel free to use the REPLY button and I would be happy to follow up.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87775
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Ely I'm sorry I hit the wrong faces
Expert:  Ely replied 1 year ago.
Leonore,

No need to apologize at all!

As stated:

That is okay. As long as you punch one happy face, it will "void" the other negative faces. It is a unique system, I know.

You will have an opportunity to punch another face once I reply with this text. Also, if you are simply unhappy or need more information, feel free to use the REPLY button and I would be happy to follow up.

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