Re: Contractor Underbild Job - Can He Refuse to Complete It
the first thing to know is:
are you in an area that requires you be licensed to perform home repair? If so, are you licensed? If not, that puts you in a very bad position with a guaranteed loss. How much you will lose is the only unknown.
a couple questions:
as an act of kindness? You charge for acts of kindness? I can see doing it at a no loss situation where they pay for materials but other than that, if you were charging for your services, it was a business transaction, not an act of kindness. Were you being paid for the work (at least in your quote)?
As an act of kindness I offered my assistance to help them rebuild.
So, was the guy working for you in this endeavor or was he doing this on his own? Did you require him to attend the work site? Did you suggest he do some particular work or did you direct him as an employee? Did you address the situation at all prior to contracting this?
One day he came to me and asked when he was going to recieve his wages for working on his house. After an argument I agreed to pay the wages to resolve the current situation although I do not believe he should have recieved the wages for his own house repair.
Did you continue to use his assistance after this the pay situation and continue to pay him? If so, I would suggest your intent was to have him work for you from the beginning. What I would have done at that point was "fire" him from the project and finished it on my own.
Now, even if you don't consider his wages of $3726, you are still at a huge loss:
$4629.57 + $4000= $8629.57 - $3726 = $4903.57
Sounds like you had a problem with this bid from the beginning.
So, do you have an actual contract for this work? If so, you are bound to complete the work, even if you lose money. If you refuse, they have a right to seek to have the work done by others...at your expense basically (you would be liable for the "damages" they incur).
If you had not intended on the guy being an employee, you should have addressed the situation differently at the time of the disagreement. As such, it appears you have modified the contract to include his wages as part of the contract and have no real recourse on that point now. You could have possibly come out of this with very little or no loss had you handled this correctly.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.