Section 13 Substantial Completion

• Library: Consumer Law and Practice 2010

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...