Full question:
We hired a contractor in September of 2004 to start a rather large addition of approximately 800 sq. feet. He didn't start the job until December of 2005. At this point we had him sign a memo that we had notarized that stated he would complete the job by March 15, 2006. Keep in mind when we signed the contract in Sept 04 we expected him to start immediately. We had only given him about 4,000 dollars to that point for a deposit and permits. The total contract amount was 68,000 dollars which was to be paid in 8,500 dollar increments. He started to buckle down and really get into the job. We paid him according to the contract. He then asked to be paid ahead of schedule which didn't seem like a problem because he was working and things were getting done. Well we ended up paying 2 payments ahead of schedule in the summer of 2006. It is now December and the job is still not complete. He is rarely here and complains that he is broke. Is there anything we can legally do to get this job complete or recoup our money so we can hire someone else?
- Category: Contractors
- Date:
- State: Pennsylvania
Answer:
We are assuming that your contractor does not have a performance bond.; If he does, you may be able to make a claim with the bonding company requiring it to step in a take over the job (e.g., hire and pay another contractor).
There are two distinct measures of damages that may be used when a building contractor breaches a construction contract by incomplete or defective performance, cost of completion or repair and diminution in value, also referred to as comparative value.; Some courts have stated that the preferred method of calculating damages is the cost of completion or repair in accordance with the contract specifications. This measure gives the landowner the ability to get, (with the damages awarded) a performance equivalent to what he has contracted for.
It is generally agreed that once substantial performance has been shown, a construction contractor is entitled to recover the contract price, less reasonable costs of remedying the defects in work or materials.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
