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My contractor did not finish my job on time, he was 30 days…

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my contractor did not finish...
my contractor did not finish my job on time, he was 30 days late can i deduct the final payment
Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 2 minutes by:
10/3/2017
Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Whether you can deduct the final payment would depend on the terms of the contract. The contract for the services would have to provide a set completion date for the contract. In addition, the contract would have to provide a specific remedy for the contractor's failure to complete the job on time. Otherwise, you would need to prove that you suffered damages from the delay in completion in order to legally withhold any portion of payment for the services. If you did not suffer any damages, then the contractor would likely prevail in a suit against you for payment of the remainder of the contract.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 7 months ago
i put up a demising wall to make my business into 2 stores i couldnt lease out the other portion until i obtained final approval from the city, since job was delayed, my tenant had to wait an extra month to lease the space, is that considered a damage
Lawyer: Roy Hadavi,
 replied 7 months ago

Yes. However, there is an additional wrinkle. The contractor had to be aware that you had a tenant that was waiting for the space to be available and that finishing the job on time was necessary to allow the tenant to move in.

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Customer reply replied 7 months ago
had do i prove that, if my tenant testifies for me that he was waiting for my job to be completed is that good enough?
Lawyer: Roy Hadavi,
 replied 7 months ago

No, because that does not prove that the contractor was aware. You would need proof that the contractor was aware and that this was a necessity of the contract.

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Customer reply replied 7 months ago
another thing before my job started i asked my contractor if i needed to add fire sprinklers since im installing a demising wall,
he said only the bathroom fire sprinkler, but after job started he told me you need 6 new fire sprinklers, permits and inspection.
in the contract he included 1 fire sprinkler in the bathroom, can i deduct for him giving me false information
Customer reply replied 7 months ago
also before my job started he never mentioned that i needed a mechanical plan for the ac and in the middle of my job he told me to get a mechanical plan from a mechanical engineer. and towards the end i found at from the supervisor that no plan was required just an over the counter permit, that cost me $1700
Lawyer: Roy Hadavi,
 replied 7 months ago

The sprinklers, while a mistake, were still necessary.

If the contractor made you pay for certain items that were unnecessary (such as a plan), then you could legally argue that he owes you for those mistakes.

If you intend to deduct any amounts from the final amount owed, you should prepare a letter notifying the contractor of any deductions and the reason for each deduction. Make sure to keep a copy of this letter.

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Customer reply replied 7 months ago
before the job started, i asked my contractor to include any fire sprinkler work in the contract, he said i only need coverage in the bathroom, but he was wrong the building inspector told him we need 6 new fire sprinklers i hired a fire protection company and i paid them an additional $2,000. he said that was a suprise, but he could have checked with city before starting job.is he responsible for that?
Lawyer: Roy Hadavi,
 replied 7 months ago

Yes, he is responsible for that mistake. But, what was the damage to you? If the only damage is installing extra sprinklers, you have no real damage. Because, had he not made a mistake you would have had to install extra sprinklers.

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Lawyer: Roy Hadavi,
 replied 7 months ago

I hope you understand that I am not trying to disagree with you. I am trying to make sure you are aware of any counter-arguments or defenses to your claims.

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Customer reply replied 7 months ago
if he would have told me prior to starting job, i would have him include all sprinklers in my contract
Lawyer: Roy Hadavi,
 replied 7 months ago

Would that including them in the contract have changed the cost that you would have had to spend on sprinklers?

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Customer reply replied 7 months ago
if he included all sprinkler work i wouldnt pay an additional 2,000 dollars to fire protection, he would handle that portion of job,
but he said only bathroom sprinkler is required
Lawyer: Roy Hadavi,
 replied 7 months ago

Okay, then that $2,000 would be considered damages and you could reasonable and legally claim those as damages.

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Customer reply replied 7 months ago
in the contract it says run new fire sprinkler line for new bathroom with head.
but i needed 6 new fire sprinklers with heads and inspection and permits,
it cost me $2,000
Lawyer: Roy Hadavi,
 replied 7 months ago

The question remains: if he had not made a mistake, would you have had to pay $2,000 for sprinklers? If you would have, then those are not damages.

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Customer reply replied 7 months ago
i asked him to include all fire sprinkler work in contract, he said only new bathroom with sprinkler head is required. if he told me i needed 6 fire sprinklers i would have told him to be included in contract.
Customer reply replied 7 months ago
how do i prove the mechanical plan was not necessary, should i ask the city or the judge will understand, that it was not necessary
Customer reply replied 7 months ago
mr. hadavi please reply to my last 2 questions
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