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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33738
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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What is legal obligation of home owner that wishes to fire

Customer Question

What is legal obligation of home owner that wishes to fire contractor for poor work no formal contract just a proposal have concerns could not verify contractor business license and insurance
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Can you be more specific in your question? I'm not sure what you mean by "what is legal obligation"?

Customer: replied 2 years ago.
We wish to terminate a contractor that was hired to do work on exterior of my home.
Specific issues are general quality of work completed and timeliness
I have hade to clean his work site daily to be with in home association standards
And do not believe at this piont he has a business license or has proper insurance
So would like to term his employment
There is no formal contract work was agreed upon with and proposal sign by both parties
Can I terminate with no further legal or financial obligations
Expert:  Dwayne B. replied 2 years ago.

You can terminate him if he is not performing up to the standards for which he contracted. If there is a signed proposal and work began then that will likely count as a contract if the matter is taken to court.

He would still have to be paid for the work he has done and if you are sued you would have to point to specific breaches he has made that caused the contract to be terminated to avoid being liable for the remainder of the fees under the contract. For instance, if you had to clean up after him every day he was there and a part of the contract was that he was to clean up every day in compliance with the HOA standards then you would want to make a list of the days he didn't do that so it could be used as evidence if he decides to sue.