Legal Forum: Is Unhappy Customer Entitled To A Refund?
Answer:
There is a theory in the law dealing with major breach and minor breach. A major breach of contract means that the one that breached has no rights under the contract whatsoever. A minor breach means that there may be some deductions from what one would receive, but the one who breached the contract would still have rights under the contract.
In this case, depending on how bad the work was, the contractor might be fired and be left with no recourse against the owner. If he is fired but has not committed a major breach of the contract, the contractor could sue the owner and obtain damages, but may have a reduction in his recovery as a result of the minor breach.