I signed a contract a few weeks ago and he still hasn't started. his finish deadline is in a few days. i was thinking of doing the job myself.
2006-12-18 10:10:09 · 10 answers · asked by jane m 1 in Politics & Government ➔ Law & Ethics
Depends...Is it possible for him to finish in the remaining time?
If yes, you can be successfully sued.
If no, then he has already breached.
2006-12-18 10:12:54 · answer #1 · answered by feanor 7 · 1⤊ 0⤋
Does the contract state when he was supposed to start the job, i would wait out the remaining days and see if he completes the project. If he fails to do so then yes.. he has breached the contract. He will be entitled to pay for the services he did provide, unless it states in the contract that no payments will be made to him unless it is completed by the deadline. I would contact an attorney for civil suits and find out more information. It costs nothing for a consultation with most attorney's and nothing beats a failure but a try. Good luck!
2006-12-18 10:27:52 · answer #2 · answered by Anonymous · 0⤊ 0⤋
YES! If you have a valid contract for the contractor to do the job and you do not allow him to do so you will have breached your contract and the contractor may be entitled to several different choices to determine damages.
He may sue for Expectation interests, Reliance interests, Restitution interests, consequential and incidental damages. All of these represent different choices a breached party may sue for depending on the situation and how it will best benefit him.
Say you have a contract in which the contractor will complete your job for $10,000 and you breach by not allowing him to do so. He may be entitled under Expectation Damages to the value of what he expected to get...$10,000! Of course, any money already paid to him will be used in mitigation.
If you are considering breaching a contract CHECK WITH AN ATTORNEY FIRST!
2006-12-18 11:37:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Contracting laws vary by state, but haven't posted enough information about the project. For example, did the contract specify a start date or how long the work is supposed to take? Are they any factors that have preventing performance such as weather? Does the contract specify how to give notice of intent to terminate the contract because of the alleged default?
You need to read the contract vary carefully. Most construction contracts contain protocols that cover your issue. Better yet, contact a local construction attorney
2006-12-18 10:51:46 · answer #4 · answered by Carl 7 · 0⤊ 0⤋
Is it a weather related delay or just being lazy? If it is the contractor just not showing up no he doesn't get paid. Just wait till the time is expired then sue him for breach of contract. Just don't do the job till his contract time is expired.
2006-12-18 10:19:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If the job is not finished by the due date, he has legally broken the contract. He gets no money from you. Let the time run out.
2006-12-18 10:29:27 · answer #6 · answered by beez 7 · 0⤊ 0⤋
Give him until the finish deadline, and then he can't sue due to breach of contract.
2006-12-18 10:23:04 · answer #7 · answered by Kikyo 5 · 0⤊ 0⤋
GAWD!! I had to laugh! You have not worked with many contractors have you? You can sue him if he is holding things up...but that is not your question. He did not fulfill his contract, you don't have to pay him.
2006-12-18 10:14:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Absolutely!
2006-12-18 10:14:03 · answer #9 · answered by Anonymous · 0⤊ 0⤋
YES
2006-12-18 10:14:27 · answer #10 · answered by badbill1941 6 · 0⤊ 0⤋