Q: Can I withhold payment for a sub standard structure that a contractor insists on ok. The structure is no way up to code.
The contractor added a lean to on the side of our barn. The put 6x6 posts in the ground 2ft and with only a bag and a half of concrete per post. The lean to isn't square. They cut into our existing barn, damaging the integrity of the barn. We have held the check for now until the owner comes out to look at it. He has been making threats. We would like to know our options and if holding the check until it is fixed is legal.
A:
This can be a tricky issue. Typically if you withhold payment the contractor may file a lien against your property. However, the ability to lien depends upon a variety of factors.
I suggest that you would consult with a construction litigation attorney from here in the area to get a thorough evaluation. I am located in South Walton County if you would like to speak with me regarding the issue.
You can find my listing using the find a lawyer feature of this site.
Good luck,
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