Elkton, MD asked in Contracts and Collections for Maryland

Q: I had a pole barn put up by a co.! everything is fine except I need the 3ft. door raised up 4 inches for concrete!! they

won`t come back to finish it! say they are taking me to collections, I haven`t had a final walk through yet, and they want the final payment!! can you advise me on what to do?? thank you!!

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2 Lawyer Answers
Rolanzo Richard White
Rolanzo Richard White
Answered
  • Silver Spring, MD
  • Licensed in Maryland

A: Well, it really depends on the contract you signed with them. I'm curious as to what acceptance of the final work product is explained to be, and whether the contract said anything about modifications to the work. If they have a duty to come back and raise the door, which they probably do, then you could bring a suit for breach of contract yourself. However, there are a number of ways to tackle this problem.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: Was the pole barn built according to specs, and was the 3 foot door (that's an awfully short door) supposed to clear and allow for the concrete? And why wasn't the concrete poured before the barn was constructed? A whole lot of info missing from your facts. If they fully complied with their contract, then who made the mistake? Or were they aware of the need to construct the opening and the door 3" higher? Not sure who's at fault here, so if it's the contractor, you have a claim, but if they complied with their contract, then they're owed the money.

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