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Can he fire us the day before complete and say hes not paying

KansasBack ChargesCollectionsSubstantial Completion

I was contracted to do a job and perform many of the required items on the punch list final day of work customer refused to let us finish and then said would not pay the balance due which is 40% of the entire project retaining all materials and basically refuses to pay is that any way shape or form OK legal for any reason

1 reply

May 18, 2020
Its hard to tell from the facts provided, but two main points should be considered. First, an Owner cannot terminate unless you have materially and substantially breached the contract. Second, even if the termination is proper, the owner cannot withhold more than the value of incomplete or defective work. It appears that you substantially completed your work. You should consult with counsel in Kansas and discuss the details of your claim, but it does not appear that you are being treated fairly.

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