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I've contracted a construction firm to construct a building…

I've contracted a construction firm...
I've contracted a construction firm to construct a building for me. In the building, I specifically requested rubber mat floors instead of concrete in order to be spill-proof. The building has already been completed, but was not made to specifications. If I refuse to pay for the building, how likely is the construction company to win at trial? what rights do I have in this situation?
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Answered in 5 minutes by:
12/5/2017
Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 3,697
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Have you attempted to negotiate any settlement?

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Customer reply replied 2 months ago
Not yet. I've informed the company that I want to cancel the contract because the spill-proof floors are important to the building. My business partner, a co-owner, doesn't want to opt out of the contract. What can I do?

Can the contractor correct the situation? If you get out of the contract, would you have to find another contractor put in the rubber mat floors?

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Customer reply replied 2 months ago
I would have to find another contractor to put in the mat floors. The construction company has refused to remedy the situation and is demanding payment since they have already substantially performed the contract.

I see. Has the construction company indicated that they may attempt to place a lien on the building if not paid?

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Customer reply replied 2 months ago
they have informed me of that.
Customer reply replied 2 months ago
The construction company has told me that they will place a lien on the building

Unfortunately, you are between a rock and a hard place. If you cancel the contract, the contractor will place a mechanic's lien on the building and may sue you. You do have a legitimate defense and claim against the contractor also. So you would end up in litigation. However, if the contractor will not put in the rubber flooring, then you would have to hire another company to do it and pay them. Plus, your partner does not want you to hire another company.

We can continue to discuss this.

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Customer reply replied 2 months ago
Ok. If I can negotiate a remedy with them, what are my options? This is my last question.

Sure. Either you would want compensation (damages) for the fact that the contractor did not completely fulfill the contract, or have them perform the contract. Since they will not perform the contract (put in new flooring)t, you could get an estimate of someone else do the flooring to get an idea of what money you would need and negotiate from that amount as your baseline. We can continue to discuss if you want to do so.

Damien Bosco
Damien Bosco, Attorney
Category: Business Law
Satisfied Customers: 3,697
Experience: Helping you with your legal questions.
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Damien Bosco and 87 other Business Law Specialists are ready to help you
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Customer reply replied 2 months ago
Thank you for your time. That's all I needed to know.

You are welcome.

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