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Can I withhold money from a balance due, if a project is not finished properly with extra costs caused by the contractor

Florida

I contracted with a window company to install new hurricane windows at a house. I gave an initial $19,000 deposit at time of contract and then paid the windows in full, an additional $19,000, at time of delivery. There is a remaining balance of $7,500 for the labor for installation. Installation required a small carpentry "build-out" and placement of new concrete for the new sliding glass doors which were larger than my original doors. However, after delivery, the window company suddenly told me they can not do the "build-out" and I had to rely, to my detriment, on a separate contractor to do this work at extra expense. In the mean time, the window company made numerous errors in installation requiring some new windows and doors to be ordered taking tremendous amounts of time and still to date, over a year later, have not completed the installation satisfactorily. In addition, they installers caused damage to my tile walls, tile floor and other small areas of damage which I now had to pay to get repaired. Now the window company is demanding payment of the $7,500 and I feel that they should not be paid this full amount. My question is, can I retain part of the balance "owed" money for all the problems and for having to hire another company to do the "build-out, affect repairs and complete the job? I have been in contact with the company, and they are simply demanding payment in full. Despite full knowledge of all the issues, problems and extra incurred costs. I have told them of the unsatisfactory installation. It has now been over a year since my initial deposit, secondary payment and their attempt to install. I just want to know if I can withhold some or all the balance owed to cover these extra expenses incurred do to their lack of performance and the fact that a contract that was supposed to be completed last year October, is still not done satisfactorily.

1 reply

Oct 3, 2019
It would depend on the language of your contract with the installer. For example, the contract may make you responsible for that additional work, even if it wasn't something the installer realized would be required up front, but should have. Your best bet would be to consult with an attorney to determine what rights and obligations you and the contractor have with respect to the project and the contract. If you don't pay, or don't pay in full, the contractor might be able to record a lien against your home.
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