Legal Question in Business Law in Maryland

Re: Building a House

Your problem is governed by general principles of contract law. First of all, you should have something in writing with the sub that at least generally describes the work he is to perform and the agreed-upon price. He is not entitled to be paid more than what he bargained for unless, during the course of the job, you agreed to adjust the contract price due to unforeseen circumstances (such as terrain that was more difficult to dig through than expected). You are entitled to a satisfactorily completed job. So if the sub doesn't perform competently, you are entitled to replace him with a substitute and use the unpaid balance of what you owe him to pay the replacement sub. Hopefully you haven't already paid him the full contract amount, as it will be very difficult to recover your money. If the cost of hiring the replacement sub and the other losses you have sustained by reason of his delays exceeds the unpaid amount of the contract, you could take him to court and try to collect the balance. Or you can contact the Maryland Home Improvement Commission in Baltimore for help. They will send an inspector out to examine the job and if they feel you have a valid claim, they will try to get the contractor to make good. They will protect you if he was licensed by them--I hope you made sure of this before you hired him.

Good luck!

Re: Building a House

It depends on the terms of the contract you have with him. You need to see a lawyer familiar with construction law matters to review the contract and your rights under it.