[DavidSJudge]

We had concrete work done late last year and have had several issues with the work. The contractor initially admitted the issues with the job verbally and said he would fix them in the spring but then asked us to pay him in full which we refused. He then said he couldn't reach an agreement with us and wanted to be paid in full. The repair work is worth 40% of his contract and not all of the initial work is complete. H never did come back to apply the second seal coat which is worth approximately $600 of $17,500 contract. Can you tell me when contract is considered complete. Ours states half down and half when the job is completed. There are significant issues but am not sure how best to fight this and have him resolve the problems which he now states are warranty issues and not his responsibility. Thanks in advance for any help you can provide.

[smearcase]

This is an architectural definition of "substantial completion".
"“the stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use.”

I am not offering any opinion of the rest of your post, just trying to answer your initial question.

More detail and sequence of what happened when might be helpful. Were their subcontractors involved? Was there a written contract? Licensed and insured contractor etc? If you can give us an approx. location, that may be very germane also.

[smearcase]

You are saying that it will cost $ 7,000 to do the repairs to your satisfaction. You can withhold a reasonable amount based on an estimate of the value of the remaining work and repairs, unless stated otherwise in your contract. What did the contractor build? Cosmetic or structural issues? Can you use it for its intended purpose? What specification or standards are you relying on to make a determination that the work is unacceptable? You will need documentation and facts (not opinions only) to protect your interest if the contractor sues you, and he may be able to collect more from you than just the amount owed if you don't have a good case.

[AK lawyer]

... The repair work is worth 40% of his contract and not all of the initial work is complete. H[e] never did come back to apply the second seal coat which is worth approximately $600 of $17,500 contract ...

How do you know the cost (to you, presumably by another contractor) of completing these items? As Smearcase indicates, you had better have more than your opinion on this.

A subtle distinction should be made here, because if it comes to that a judge will make it: the contract itself was complete when you and the contractor agreed on its terms. What you mean to ask is when the contracted work is complete.