Contractor delays

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Question

Country: United States of America
State: New York

On March 13th, 2005 I entered into a contract with a contractor for an extension on our home. In the contract I neglected to get an end date but was verbally quoted 8-12 to completion. All necessary permits were acquired from the town. We are now entering the 10th month of the project and are still not finished. The contractor promises to come do work and weeks go by with no work being done at all. We are at the point were he'll come once or twice a month and do one thing and we won't see him again. We would like to have our home completed and want to know if the contactor is at all in breach and could we hire someone else to complete the job. We can no longer live like this and would like to know what our options are without getting into a legal battle. The contactor owes us $10,000 worth of labor and material and we owe him that much on the contract.

Answer

Based on what you say here, you could probably file suit against him (or at least threaten to do so) in small claims court or in regular court; filing in small claims court is easier and requires no attorney...you could try to collect all of the costs and damages that you suffered due to his behavior...
References in periodicals archive ?
Subway closed for further two weeks PS288million upgrade works hit by contractor delays JOHN FERGUSON j.
If the Contractor delays from the contract attributable to comply with its obligation to pay compensation for late payment, the rate of 0.
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On the decline in core earnings, DMCI said "maintenance contractor delays resulted in extended outages in its Calaca power units, exposing the company's power segment to high Wholesale Electricity Spot Market (WESM) prices for its replacement power in the first half of the year.
Maintenance contractor delays resulted in extended outages in the Calaca power units, exposing the power business to high Wholesale Electricity Spot Market (WESM) prices for its replacement power during the first half of the year.
Some of the known reasons that make such projects complicated and difficult to execute are: remote, undeveloped project locations; limited pool of potential contractors competent in mega-projects; overheated markets and impact on supply/costs; construction of marine facilities and contractor delays and claims
Under Article 689, if the contractor delays in proceeding with the execution of the work or completion thereof so as to render impossible to properly execute it as required within the agreed period of time or if he pursues an avenue indicating his intention not to perform his obligation or does any act that is likely to make impossible the performance of such obligation, the employer may request the revocation of the contract without waiting for the date of actual handover.
It is also vital to ensure that owners do not waive their recovery of consequential damages if there are contractor delays.
Councillor Rodney Berman, the leader of Cardiff council, said: 'Nobody is more disappointed than Cardiff council in the delay to the opening of the temporary ice rink at the International Sports Village, but this is due to contractor delays which are not of the council's making.
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These delays are considered to be Government delays, not contractor delays.
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