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Should we accept a check from a homeowner that says it's the final payment even though there is still a balance?

Texas

We're a subcontractor who has a contract with the builder's signature for cabinets for a homeowner. The homeowner made her selections, we installed the cabinets, and then she decided she didn't like what was made. We took the cabinets out to modify what we could for her to be happy. She is refusing to pay for the particular group of cabinets that she didn't like, but will pay for the rest. We sent the pre lien letter to the builder and a copy to her. She just sent us a check for the cabinets she liked, but said in the memo section "final pymt for cabinets", which sounds like she isn't paying anything more on this project. Is it ok for us to accept this check and cash it, even though she still owes us more, or will that say that we agree to let her out of any additional she owes?

1 reply

Apr 19, 2023

I personally would be very caregul with that. She may very well be trying to get out of paying the rest.

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