contract-law liens
Can I terminate my contract with a building contractor?
<p>I hired a contractor to remodel our kitchen. He has done a very bad job so far, and I want to halt the work without paying the remainder due on the contract.  Is this legally possible?</p>

<h2>Legal issues</h2>

<p>Termination of legally binding contracts is tricky and if you screw it up you can be liable for a lot of money.</p>

<p>First you need to determine what the conditions of your contract are and do they cover grounds for termination. If they do, you need to follow these <em>to the letter</em> - screw this up and you have not <a href="http://legal-dictionary.thefreedictionary.com/termination" rel="nofollow noreferrer">terminated</a> the contract, you have <a href="http://legal-dictionary.thefreedictionary.com/repudiation" rel="nofollow noreferrer">repudiated</a> it which leaves you liable to damages.</p>

<p>If, as I suspect, this contract is verbal (or partially verbal) then it is likely that termination of the contract other than by completion was not contemplated by either party and the contract is therefore silent on it. As the contractor stands willing and ready (the able is arguable) to rectify his defective work, it would appear that you do not have grounds for termination - indeed, if you prevent the contractor for doing this then he could argue that you have repudiated the contract.</p>

<p>As to your costs: there shouldn't be any. An independent contractor is responsible for rectifying any defective work and all associated costs, in your case, this would include cleaning the old tiles (or replacing them) ripping up the bed and disposing of the debris and doing the work again. You should not be paying him or anyone else for any of this.</p>

<h2>Practical issues</h2>

<p>the monetary sums involved are probably not worth the cost in time or money to take legal action. Therefore, you need to cut a deal.</p>

<p>Talk to your contractor and reach an agreement on how the issue will be resolved - this may range from him fixing everything and reimbursing you for your out-of-pockets to you cutting ties now - him keeping what you have already paid and you hiring someone else. You need to make the best of a bad situation.</p>

<p>A key complication in a situation like this one is that the contractor undoubtedly has a right to file a mechanic's lien against your property alleging that he did work that you did not pay for, which can result in foreclosure of your home and lots of legal mess.</p>

<p>Often the best strategy is to negotiate a price to pay him through what he has done to date and terminate him going forward in exchange for a lien release, realistically, with a lawyer involved.</p>
