Q: I have few questions about a contract breached by homeowner. No payment.
I was contracted to do some work in a pool. Homeowner didn't want to pay accordingly to our contract and after 3 weeks and many attempts to get the money and continue the work (95% done, I sent a certified letter of "termination of contract" where indicates that effected immediately and do to the breach of contract, no more work would be done, all warranties were canceled and i was going to pursue my money by legal matters.
One week after he got the letter he gave me the money.
I really don't want to go back there and deal with him. He did get the letter but he paid in full after he got the letter. what are my rights at this point? what are his rights?
A: To obtain reliable legal advice, you'd need to schedule a consultation with a lawyer to review the contract, communications, etc. Generally in this kind of situation, if the contractor says, "pay the overdue balance now, or else....", the contractor in essence is making a new proposal to replace the prior one, and if the customer accepts that new proposal, there likely would be a binding, enforceable agreement that the contractor must comply with. Even if the contractor says, "I am terminating the contract", but then accepts the agreed-upon funds to complete the job, that could be construed as striking a bargain. The basic issue is, "Was there a meeting of the minds?"
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