Question
A Contractor and a Homeowner are in dispute over a small job that the Contractor has completed for the Homeowner. The Homeowner retained 15% of
A Contractor and a Homeowner are in dispute over a small job that the Contractor has completed for the Homeowner. The Homeowner retained 15% of the job until the end, where the Homeowner claimed that the Contractor did not complete the job properly (defective work) and does not want to finish payment. The Contractor threatens to sue, and scares the Homeowner into payment. The Homeowner cuts a check for 1/3 of 15% retained. On the check, the Homeowner writes, "payment in full." The Contractor cashes the check. Then the Contractor sues for the remainder. Under Satisfaction and Accord, is the Contractor entitled to the rest of the retained money?
No, because the Homeowner needed the rest of the money to fix the defective work
Yes, the Contractor completed the work and deserves the rest of the money
No, because the Contractor cashed the check, they did not write on the check something to the effect of "under protest."
Yes, the Contractor can recover the money
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