Q: Permitted project that the property owner added work to illegally and now contractor failed inspection.
Can the illegal work by the home owner be removed by the contractor of record as he refuses to resolve the issue?
A: The question about whether the contractor should or should not have to remove the property owners "illegal work" is not a legal question. If the permitting agency will not approve the job as it is then the property owner will have to do whatever it takes to fix the objections. And unless the written contract requires the contractor to fix problems caused by the property owner the latter will have to pay someone else--perhaps even under a new contract--to fix the problems.
Tim Akpinar agrees with this answer
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