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Trying to Terminate my contractor and he's being unreasonable...

Asked over 2 years ago - Boston, MA

We are trying to terminate our contractor and want to pay him for his time and materials, but his figure is significantly more than ours by $40,000. We understand that he is upset, however, he is being unreasonable. Our only obstacle at this point is to settle on a mutual amount any ideas? We also understand that he just go thrown off another job for the same reasons we chose to fire him...misapropriating funds, not showing up and being 4 months over ...

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Attorney answers (1)

Warren Alan Kirshenbaum

Reputation Level 9

Answered about 2 years ago. Business Attorney in Newton Upper Falls, MA.

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In order to adequately assist you in this situation, it would be helpful to be aware of some facts additional facts, such as:

1. Whether you have a contract with this contractor, and if so, what are the notice requirements;
2. Has the contractor sent you a notice of intention to file a mechanics lien;
3. How was the construction funding being disbursed. When you allege misappropriation of funds it sounds like the contractor had direct access to funds, rather than requesting a draw payment from the bank or you;
4. Whether there are subcontractors; Have they been paid; Have they provided you with lien waivers.

One important consideration is that when you make payments to the contractor to resolve this matter, it will be necessary to obtain an unconditional lien waiver in order to be assured that if a lien is filed against your property it can be removed.

This answer does not create an attorney-client relationship, and should not be considered to be legal advice.

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