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I had a contract with "the sky is the limit" to repair my…

Customer Question
Hello, I had a...

Hello, I had a contract with "the sky is the limit" to repair my old yard by building new pavers. The original contract is $92000 to finish. I paid to the contractor $87000. And he just finished 60% of jobs. He delayed to do the work and I cannot wait. So for the last part I have to ask another contractor to finish.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Agoura Hills, CA

Lawyer's Assistant: Has anything been filed or reported?

Not yet.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel it is unfair I paid the contractor $87000 for the smaller part of job he's done.

Submitted: 4 months ago.Category: Employment Law
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Answered in 8 minutes by:
11/25/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,279
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Please take your time to review my questions.
After, please let me know what is your opinion?
Customer reply replied 4 months ago
Do you have free 30 mins phone call consultation?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for your patience on this. This appears to be a breach of contract based on the failure to perform within a reasonable time because the contractor unreasonably delayed their performance. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. If you hire a new contractor to finish the job, then you could request repayment for all of the money beyond what you paid the 1st contractor for their work. For instance, if they only did $50,000 worth of work, but you ended up paying $90,000 for the entire thing between two contractors, you could seek the difference of $40,000. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared breach of contract letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

Did you have any other questions for me today?

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Customer reply replied 4 months ago
You are correct. The first contract is breach the contract and I should ask some of the payment back.
I can provide more documents/evidents for you, like initial contract and payments records and construction progress record, etc. Can you work on the case, if you can get money back then I pay you by 30% of the payment you get back? If you cannot get back any, then no pay from me? Does it sound reasonable for you?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

I certainly wish that I could work with you, but my plate is a bit full, unfortunately. But I can at least point you in the right direction. One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the California LRS - click here.

What other questions did you have for me today?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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