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Can a homeowner take money off a completed contract for work they aren't completely happy with on a previous completed paid contract?

IndianaPayment Disputes

We completed a dry wall job without adequate heat supplied. Upon finishing, the walls continued to crack out. We advised them the whole time that the drywall needs heat. The homeowner paid us for the job then hired us for another job doing a fence and decks. Now we have completed the fence and decks they are not paying us on the basis of the drywall job cracking out. Since it is 2 seperate contracts I would like to know if they can legally do this.

1 reply

Dec 27, 2018
That's a great question, and I'm sorry to hear about that. In a situation where workmanship is unsatisfactory, withholding payment under that contract may be an appropriate way to remedy the issue. However, when two completely separate agreements have been executed, withholding payment from one contract to pay for perceived issues with another contract is likely improper. Further, when the issue is created by the homeowner themselves, withholding any funds would not seem to be proper.
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