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what are my rights?

I was asked to leave a job in the middle of completion stating they weren't happy with some if the work, that was 2 months ago. Isn't it law that they have to give me the opportunity to correct the problems? I also have not recieved payment in the amount of close to $12,000. The client states that they are getting quotes from other contractors to do the"repairs" and will subtract that from my amount due, is this legal?

1 reply

Feb 26, 2020

Ultimately, whether or not a Pennsylvania contractor or sub will be entitled to the right to cure will come down to their contract. So, if the terms of the contract require the customer to provide an opportunity to repair allegedly defective work, then that right must be given. If the contract is silent about the right to cure, then it'd be up to the parties to resolve the matter or to argue their case (if things come to that). Notably, though, the (relatively) new changes to Pennsylvania's Contractor and Subcontractor Payment Act (CASPA) require certain procedures be followed when withholding payment. Specifically, a customer must provide written notice of the withholding within 14 days of receiving the invoice which is being denied in whole or in part. And, failure to properly provide notice when withholding can lead to damages and interest penalties for the customer. Ultimately, though, the specific circumstances, documentation, and communications on the project will carry a lot of weight. So, to best understand your situation, it'd be wise to consult a local Pennsylvania construction attorney.

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