Q: Can builder withhold payment for work on one property because of mistake (corrected) on a separate property?
Builder authorized irrigation on two properties then cancelled work on one of them twice before work was actually done. He then ordered work on another property that was completed and closed on that house. Is it legal to withhold money legally due on a property when that work is completed and the money is due?
A: To answer this question in a meaningful way you will want to sit down with a local contract lawyer who can review the contracts. You would be quite surprised at what is legal and enforceable in a contract and you may have agreed to something that is not at all in your favor. Notwithstanding what you have agreed upon you may have defenses and claims that can be resolved through negotiation or demand. Most attorneys will sit down with potential clients for free so you should probably schedule a few appointments so that you have a few opinions and can go from there. The foregoing answer is provided by Douglas J Shumway, Esq.: (801) 478-8080. The answer provided is not intended to form an attorney client relationship and should not be construed as legal advice. Mr. Shumway is licensed only in Utah. Mr. Shumway's law firm has offices in Salt Lake City, San Antonio and Las Vegas.
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