Can I sue my contractor if he does not comply with specified work duties? Posted on July 18, 2011

We signed a contract stating the job would be completed within 2 weeks. We paid $2000 down, $2000 to be due upon completion. After 2 months of slow progress, I wrote an e-mail specifying a new completion date, and a $100 per day penalty for going beyond that date. The contractor responded by e-mail saying "this all sounds fine." He showed up sporadically since then, maybe once a month. It's been 33 business days since that deadline passed, so the balance has been depleted to below zero. The contractor and his subs have done more than half the work, but he hasn't been out in the last month at all. Meanwhile we've been greatly inconvenienced having our bathroom not functioning fully. We had a baby during this time, and often have relatives and friends visiting for extended periods so that 10 or 12 people have to share our one small guest bathroom. Plus, our homeowner's insurance did an inspection and is now canceling our policy due to the trash pile the contractor left sitting around for months from the demolition. Last week I finally hired someone else to just complete the job for us. Now the original contractor is asking me to pay him more! He said he'll pursue legal means. Does he have any case to make me pay him more after leaving us in this situation for all this time?

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