If Contractor does not meet deadline. What can Client do? (Contract is paid in full).

Bankruptcy and Debt 3 views 2 answers
Contractor keep promising to come and finish the job but keep putting if off. We have signed a deadline agreement as an addendum to the original contract, signed and notarized. The deadline date is July 31, 2014. But he just ordered some kitchen cabinets which we just found out is back ordered until July 31, 2014 ; the deadline date. What rights does the Client have? This Contractor is jerking us around. Demolition of the Kitchen and bathroom took place on March 10, 2014 and up till now none of the work is completed.

Attorney Answers

2
Thomas Holman ·
This question cannot be answered without a review of the contract and the addendum deadline agreement. This question is not one for the employment/labor lawyers and I will repost it for the lawyers who handle contract disputes. Where a deadline is specified in the contract, you have a right to expect that the job will be completed by that date. As one court ruled some years ago, the conduct of the parties, while a delay continues, may be such as to indicate a purpose to keep the contract alive; and such a purpose, once manifested, may not be suddenly abandoned. So, here you say that since the demolition in March there has been no other work. If you did not provide the contractor with warnings that the work was advancing too slowly, that you were dissatisfied, and a demand to hasten the pace of the job, you may not be able to tell him now (given the problem with the cabinets that was beyond the contractor's control) to stop work. In other words you may not be able to recscind the contract based on delays which you did not protest, and demand the return of all money paid to date. These cases are fact specific and the language of the contract is of paramount importance. Good luck to you.
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William Lasko ·
More information is needed. What is specified in your contract about exceptions and contingencies?
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