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Can I get out of a contract if a proj is delayed over 8 mo due to extenuating circumstances we cannot perform the work

ArizonaBack ChargesConstruction Contract

My father was the sole owner of our company, now owned by myself and my 2 brothers. He signed a contract back in March of this year when we had plenty of employees to complete the work. The amount the project was bid for has drastically increased with the price inflation in the construction industry and the sub we had planned to sub the curb work out to has had to move on with commitments on other projects because this particular project keeps getting pushed by the owner from my understanding. I notified the GC already and they said we are responsible either we can find another sub or else we will incur the premium pricing it will cost for them to find someone else.

4 replies

Nov 12, 2021
Essentially, absent a clear right in the contract (that I can almost say with certainty that you do not have) these matters are incredibly complicated and it is impossible to provide you legal advice unless the attorney has the contract and gets many more facts. Unless this happens to be a tiny contract (say around small claims or justice court jurisdiction), you need to hire a construction lawyer to get legal advice ASAP. Asking questions online is great for simple matters. This is not a simple matter, unfortunately.
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Nov 12, 2021
Do you have any recommendations for a construction lawyer? Or are you available & able to practice in AZ?
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Nov 12, 2021
Hello. I am a construction lawyer and practice in Arizona. I have almost 25 years of experience and worked as a general counsel and partner in construction companies. Email me at robert@pivotallegal.com to discuss this further.
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Nov 14, 2021
Good evening. I sent you an email on Friday to set a phone conference. If you did not get that, check your spam. You can also call me directly at 303.257.0617.
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