Legal Question in Construction Law in North Carolina

I hired a contractor to finish my basement and the estimate to complete was 10 weeks. It's week 13 and the work is not complete. Is this considered a breach of contract?

Also, I was required to pay for labor in three separate payments at beginning, middle, and end. Two of the labor installments have been paid. The contractor asked me to pay a portion of the final payment up front in order to pay his subcontractors. Is this also considered a breach?

Asked on 7/21/13, 8:23 am

1 Answer from Attorneys

John O'Neal O'Neal Law Office

The contractor's failure to complete the work within the time specified in the contract very well could constitute a breach of contract. His requesting a portion of the final payment could be a breach but a true determination of your situation would require review of all written and signed documents by an experienced attorney. I would be hesitant to make any further payments especially if no payment is due at this time per your agreement---preferably written and signed by contractor----with the contractor.

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Answered on 7/21/13, 9:58 am

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