Can you break a contract after many issues have arisen about shoddy work?

UPDATED: Oct 1, 2022

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Can you break a contract after many issues have arisen about shoddy work?

I hired a company to do work on my porch and overhang but they screwed up a few times and have done not so legal things. I demanded a refund minus what little work they did. No response for days, city came and failed the work done. I went on facebook to vent they seen and refused to let me break contract. they said i

owed them a chance to make it right. they said they will cut the concrete pillars ground level buy new columns and add top soil. however I also gave them stipulations 1 of which it has to pass the next inspection or we part ways; the other was that no one from their company was allowed to go past the front of my home,

which they did and into my backyard. They left my overhang unbraced which caused my ceiling in the living room to crack. my city code for the concrete is 54 inches below ground which is now 13 inches. they wont fix. waited 7 weeks for columns to be delivered after a 3 week delivery promise. Since it won’t pass inspection and after so many issues, am I allowed to break this contract?

Asked on December 29, 2018 under Business Law, Michigan


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

Answered 4 years ago | Contributor

You can break the contract and sue the company for breach of contract. Your damages (monetary compensation you are seeking in your lawsuit) should include a refund and the cost of completion with another contractor.  You will need to mitigate (minimize) damages by hiring another contractor whose fees are comparable to contractors in the vicinity. If you were to hire the most expensive contractor you could find, you have failed to mitigate damages and your damages will be reduced accordingly.

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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