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Material breach?

I have a client that purchased lumber for deck railings. We installed the lumber with the homeowners help and under his observation. Now he wants me to change out a bunch of the railings because he thinks the lumber he selected and purchased is unsatisfactory

1 reply

Jun 4, 2020

If the owner wants to change out the materials after they've been installed, then they'll need to pay for that additional work (generally set up via change order). But, if they agreed to pay for the work, and if you performed the work as requested, then the owner can't refuse payment simply because they weren't satisfied with the lumber that they chose and purchased. If the owner refuses to pay what's owed, that'd likely be a material breach of contract. And, it's possible that mechanics lien claims or legal claims would be on the table. Though, generally, submitting change orders to the owner and requesting additional payment for the additional work may be a better first step. And, even if that's not immediately accepted, trying to talk through the issue and find some middle ground might be a useful approach before initiating a payment dispute.

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