Are we required to pay for work that has not been completed because the vendor has been skipping out on installation dates?

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Are we required to pay for work that has not been completed because the vendor has been skipping out on installation dates?

About 2 months ago we gave a deposit towards a sign for our front lawn. He said he would come on 4 weeks later to install the sign but he only installed the posts. He said he would come the next week to install the rest of the sign but he didn’t come. He then told us that he could not open the graphics file we sent, and 2 weeks ago he acknowledged he received a working file from us. He said he’d come on to finish installing the sign; he did not. He came without notice about 10 days ago and installed the sign “temporarily”. He said that he’d come back last week to finish and remove the old sign. So far he hasn’t. We can finish the job ourselves.

Asked on January 17, 2012 under Business Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the vendor that you hired to do a complete job for the sign installation that you are writing about has failed to complete it in an orderly and timely manner, you are not required to pay the full contract price.

Rather, at most you would be required to pay for is the amount completed to date assuming that a value for materials and services can be given.

I would advise the vendor in writing that he or she has a certain time period in writing to complete the job and if not, you or someone else will do so.


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