Contractor delays

Ask a Lawyer

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 ?
"It is really a mixture of contractor delays meaning we couldn't open for all menus all week with ongoing work, lack of planned weekday trade and lots of unforeseen costs during refurbishment.
deposits and guarantees required: If the contractor delays the contract for a reason due to a delay, He shall pay a penalty for late payment at the rate of 0.3% / day of the delayed service, The value of the delivered product, And the net value of the product delivered late.
Subway closed for further two weeks PS288million upgrade works hit by contractor delays JOHN FERGUSON j.ferguson@dailyrecord.co.uk back some of this lost time, as we endeavour to minimise any further disruption.
"We've had engineering delays, a huge water main has to be moved and we've had contractor delays. But the development is going ahead."
Changes in scope to the project, including adding the gasification plant, have resulted in contractor delays. Several contractors including SK Engineering, which is building the crude distillation unit, have demanded higher payments from Aramco to cover the changes, with the state firm relenting and agreeing to pay some $200 million more instead of cancelling the contract as it threatened to do in December, Middle East Economic Survey reported.
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.
Furthermore, the study confirmed that the capital problems experienced by the firms were caused by the small capital the firm had during its start; delays in receiving payments and progress payments from the client; smaller profits due to higher prices of building materials; low price of contracts; and contractor delays in the completion of the project.
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.
Planning for civilian contractor integration into a combined arms mission must be deliberate and thorough to ensure that contractor delays do not affect mission accomplishment.
It is also vital to ensure that owners do not waive their recovery of consequential damages if there are contractor delays.
Full browser ?