Do I Still Have to Pay If They Didn’t Finish the Job?

Your Legal Rights When the Work Is Incomplete, Poorly Done, or Abandoned

They started the job. You made a payment. Maybe even a few.

Then… nothing.

The project is stalled, unfinished, or done so poorly you can’t use it. Now the other side is demanding payment—or threatening legal action.

So what’s the answer? Are you legally obligated to pay for incomplete or defective work?

⚖️ The Short Answer: Not Always

Under NY and NJ law, contracts require “substantial performance” before the other side is entitled to full payment.

If they didn’t substantially complete the job, you may not owe the full amount—or anything at all.

🔍 What Courts Look At

To decide whether payment is still owed, courts look at:

• Was the work completed as agreed?
• Is what’s done usable?
• How much benefit did you actually receive?
• Was the breach material or minor?
• Did you contribute to the delay?

Even if the contract doesn’t say it, courts expect both sides to act in good faith and finish what they started.

🚧 If They Walked Off the Job

If the contractor or vendor abandoned the job completely, you may be able to:

• Terminate the contract for breach
• Withhold further payments (especially unpaid balances)
• Demand reimbursement for what you paid if the work is unusable
• Sue for the cost to finish or repair the project

Important: You must properly document their default before stopping payment or hiring someone else.

📑 How to Protect Yourself

• Keep all emails, invoices, texts, and work orders
• Take photos or videos of unfinished or defective work
• Send a formal notice of breach in writing
• Consult an attorney before canceling or replacing them

If you stop payment without legal cause, the other side may claim you breached—even if they underperformed.

🛡 Can They Still Sue You?

Yes. Even bad contractors can sue. But that doesn’t mean they’ll win.

If you’ve documented the facts, sent a proper notice, and gave a fair opportunity to cure—you’re in a strong position.

The Bottom Line

Never pay just because someone demands it. The law doesn’t reward unfinished, unusable, or unprofessional work.

But protect yourself. Handle the breach the right way—or you could end up on the defensive.

Facing a demand for payment after they dropped the ball? Book a 15-minute paid consult with JDE Law Firm, PLLC today.

🔗 Schedule a Consultation