Q: How we can negotiate with contractor to finish the project?

Hi. We live in Concord NC. We signed a contract to build a new parking lot. The disign was signed and approved by the city. We paid the 88% already to the contractor and he didn't finish the job correctly. We talk all together with the engineer to let him know what he has to fix up. The engineer is making an inform to let us know what are the errors plus he knows the changes that he has to do but he refused to fix it until he get paid the 100%. Also he's threatening us to take legal action because we suspend the last paycheck that he already has it.

1 Lawyer Answer
Paige Kurtz
Paige Kurtz
  • Construction Law Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: The contract terms should state how and when the contractor is entitled to payment and under what terms payment may be withheld. I would refer to the contract terms in attempting to negotiate with the contractor. If you have documented problems and the contractor won't fix them, you can terminate the contractor and hire a replacement contractor using the funds to pay them that you withheld from the first contractor.The contractor is only entitled to payment as provided for in the contract.

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