I have a contract with a company. Work to be completed is spelled out in contract. I have a contract with a sub. When sub gets started on job scope of work changes but my contract price does not. I pay my sub (through contract) for all materials used on job, but when the job is completed my sub packs all the extra materials and goes, does not even acknowledge that the materials either belong to the owner or to me through contract. I am not talking about small items I am talking about several thousand ft of 4 inch conduit, and over ten thousand ft of 1 inch interduct. Does any of this make seance? I could make the argument that the sub stole the excess materials. Should that be enough to void the contract or modify it enough to compensate for the materials and the work that was not preformed?
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