What can I do about an incompetent contractor?
Question Details: A contractor is remodeling my bathroom. They have busted holes in other walls fixing it, including a second bathroom wall. They didn't mention these mistakes until we did and them hen they patched up. However, the shower comes on but also is running when bathtub the water is running. He refuses to fix this though because he says that it was already like that which is not true. Can we withhold payment until he does the work or should we pay and try lawsuit for this?
You can withhold the money due to his nonperformance of the contract--his failure to complete the contract by fixing the last problem and having the plumbing working correctly. He may tryt to sue you for the money, but you would then raise his nonperformance and also professional negligence (carelessless) as a defense to the obligation to pay.
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