Both parties agreed to complete the work on average 6 to 8 weeks. Now we are on the 10th week. The work is still not yet completed. We have consulted experienced person in construction to find out how many additional weeks will be needed to complete the work. We were told that we need 3 or 4 extra weeks to complete. Is the construction company in breach of the contruct? Can we sue this company becasue of the delay and all the problems they are causing on the family?
2007-12-12 22:19:57 · 7 answers · asked by Baco 1 in Home & Garden ➔ Maintenance & Repairs
If you had specific delivery dates - and penalty clauses in the contract then you can probably sue.
If not, you're screwed....
2007-12-12 22:22:28 · answer #1 · answered by mark 7 · 0⤊ 0⤋
You will not likely have a case to take to court. Without a liquidated damages clause in your contract you have no recourse. Home improvement contracts usually do not have this clause. Even with the clause you can only sue for actual costs incurred, living in a motel, meals while the kitchen is not functional, and such.
You can sue the contractor for abandonment of the work but not for running late.
2007-12-13 11:34:31 · answer #2 · answered by big_mustache 6 · 0⤊ 0⤋
"Two weeks."
This is, unfortunately, pretty standard practice in the construction industry. Unless your contract provides for damages for being late, you're stuck.
Never pay them the final amount until it's done or you will be on the bottom of the list. In the future, add a bonus clause where they will be paid $x for each week they finish early (including permit inspections). And always hold that last third until it's COMPLETELY done.
2007-12-13 06:23:44 · answer #3 · answered by ? 6 · 1⤊ 0⤋
Unless it is specifically written in the contract, it is not breech of contract. 2 weeks is standard allowance. In the construction industries it is standard to put in a payback clause. This allows you to charge the contractor a fee for every day beyond the deadline that they go over. No clause...No Luck
Sorry
Good Luck
2007-12-13 07:55:38 · answer #4 · answered by Cowboy Roy 3 · 0⤊ 0⤋
Did you have a written agreement or was it verbal? You should consult a solicitor to see what steps you need to take to get the work done - they may be able to write to the company on your behalf to agree a schedule which both parties agree to.
2007-12-13 06:23:32 · answer #5 · answered by Roxy 6 · 0⤊ 0⤋
If you can't work out some reasonable completion date with the contractors, then yes you can go to court and make all those lawyers even richer.
2007-12-13 06:23:12 · answer #6 · answered by Valmiki 4 · 0⤊ 0⤋
Depends if this was a firm agreement or only an estimate.
Are there any unforeseen difficulties with the work
2007-12-13 10:57:13 · answer #7 · answered by brainstorm 7 · 0⤊ 0⤋