Section 13 Substantial Completion
| Library | Home Purchases, Ownership, and Financing 2011 |
A homeowner who believes that the contractor or remodeler
has not performed satisfactorily will often withhold payment or, like the homeowner in Mathis v. Glover, 714 S.W.2d 222
(Mo. App. S.D. 1986), stop payment on the homeowner’s check. The contractor will then likely sue the homeowner for breach of contract. A homeowner can only safely withhold payment when the contractor materially breaches the contract. In Missouri, strict compliance with the terms of a construction contract is
not required. Substantial compliance with the contract is...
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