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I hired a contractor to paint my house, they did not finish it. they got 1/2 payment. I finished it myself- do i have to pay?

Asked over 2 years ago - Corning, NY

Do I have to pay the contractors for a job they never finished. They worked only a short period of time. I was under a deadline for bank financing and needed the job to be completed. They stopped showing up and did not return my calls. I thought they quit. I finished the job myself. Now that the job is done they are asking me for the rest of the money. Do I have to pay them?

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Attorney answers (2)

Michael Lee Mau

Reputation Level 10

Answered over 2 years ago. Construction / Development Lawyer in San Francisco, CA.

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If your contractor did not finish the full project, they are not entitled to full payment. Generally they would then only be entitled to claim the reasonable value of the services actually performed, and you could counter-claim your costs in completing the work to the extent those costs exceeded the balance of your agreement. Consult with a local construction law attorney for further details.

Nothing contained herein shall be construed as specific legal advice, and is provided as general information only. Comments are provided for educational and informational purposes only and should not be utilized without our express written permission. Our practice is generally limited to administrative, state and federal courts in the State of California, United States of America. No attorney-client relationship is express or implied by any aspect of this response. Please consult with your attorney for specific advice.

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Vincent Thomas Pallaci

Reputation Level 11

Answered over 2 years ago. Construction / Development Lawyer in Huntington Station, NY.

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If the contractor that you hired failed to properly complete the project or to complete it on time then you do not have to pay him the full contract amount. You do, however, have to pay the contractor for the value of the work that he did actually performed. I note that if your costs to complete the project exceeded the costs that you would have incurred had the original contractor not breached the agreement and failed to timely complete the project then you may actually have a claim against the contractor for the cost difference.

You may want to consult with a local construction attorney in order to obtain legal advise about the specifics of your situation.

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