We have a dispute with a builder (in Ruidoso, NM). The laminate flooring was installed incorrectly (according to two independent inspectors). Builder wants to get final "retainage" payment, calls the reports of incorrect installation "bullshit", but it is my understanding that the "retainage" is specifically for the purpose of making sure all parts of the job are complete. I have seen different amounts to calculate an amount to withhold. The cost of materials (if we have to rip out and start over) and install is more than half the retainage. I suggested paying half, and either the builder remedy the install or I find someone else to do it, pay them, then pay the builder any left over amount (if any). Should I 1)pay a partial amount now 2)not pay anything until bids and other contractors lined up and I know the costs better or 3)another option? Thanks!
You are asking for very specific legal advice about a current legal situation. As such, an attorney cannot legally and ethically answer your question publicly on this forum. You may want to consider reaching out to a licensed attorney in your state directly at their office. Levelset provides a list of attorneys in each state here: https://www.levelset.com/payment-help/experts/experts-by-state/ . From that directory you may find a law firm in your area to call privately.