Am I required to pay money

UPDATED: Oct 1, 2022

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Am I required to pay money

I signed a contract with a
contractor and they have 90 days to
complete the work they did most of
the work 2 months ago but never
returned or called so if they
breach the 90 days am I required to
pay the balance owed

Asked on November 29, 2018 under Business Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the contractor for breach of contract without tendering performance (payment). However, you will eventually be responsible for paying for the portion of the work that was completed. You are not liable for the portion of the work that was not completed. Additional costs you incur for hiring another contractor to complete the work should be included in your damages (monetary compensation you are seeking in your lawsuit) for breach of contract. You will need to mitigate (minimize) damages by hiring another contractor whose fee is comparable to the original contractor.  If you were to hire the most expensive contractor you could find, your damages would be reduced for failure to mitigate.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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