Home>Levelset Community>Legal Help>we give two cilvil works to one Contractor later on he complete one civil work and walk off work from 2nd civil work, will we pay him or not
we give two cilvil works to one Contractor later on he complete one civil work and walk off work from 2nd civil work, will we pay him or not
we give two cilvil works to one Contractor later on he complete one civil work and walk off work from 2nd civil work, will we pay him of work one if we pay work one we goes into loss because of new tendering etc..
1 reply
Sep 3, 2019
When a contractor has completed a project, that contractor should be paid for the work they've done. This is true even where they may have walked off of some other job due to a dispute or where there are issues between the owner and the contractor. A problem on one job shouldn't affect another one - especially where the work for the other job has been completed.
Now, where a contractor has walked off of a job - what payment is owed for the job they've walked off of is another, more challenging question. Generally, if the contractor has performed some work before they walked off the job, that contractor should be paid for the work that they've performed. However, full payment of the contract price is probably not appropriate where the project hasn't been completed.
Note, though, that the costs associated with bringing on another contractor to complete the project should be taken into account. If it will be more expensive to bring someone else in to finish the work (and it typically will be), then an owner may be entitled to deduct the additional cost from what is due to the contractor who's walked off their job.
Lastly, note also that where a contractor has walked off the job, they've very likely breached their contract - and an owner may be entitled to damages as a result of that breach. More on that here: Construction Contracts | A Deep Dive on Breach of Contract