Legal Question in Construction Law in Nebraska

Construction Payment

Got a bill from my contractor for way more than i expected. Bank only loaned me so much and i do not have enough cash to pay him in full all at once. Can he do anything legal towards me as long as i keep making payments to him? His bill does state that it is due upon receipt, but i never anticipated it to be so much.

Asked on 3/22/07, 11:31 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: Construction Payment

There are a number of factors that could affect a complete answer. In general terms, if the price of contractor's work is reasonable and you agreed to performance of the work and there are no contract terms to the contrary; then contractor is entitled to payment in full when the work is completed. You do not have the right to change those terms to your personal convenience. Communication is probably the key to a happy ending here; but tread softly and be courteous. First, approach your bank to see if you can borrow the additional funds. If not, then contact contractor and explain your circumstances. Ask contractor if he will accept payments and under what terms. If contractor agrees to accept payments, make sure the agreement is in writing and that the terms are acceptable to you. Make sure that you make the payments as agreed without delay or excuses. If contractor is not willing to accept payments, then it is time for you to sit down with an attorney so he can explain the possible consequences and potential solutions.

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Answered on 3/22/07, 2:15 pm

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