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Can I (the owner) terminate a contract for constant miscommunication that lacks termination provisions and a schedule?

FloridaConstruction ContractNotice of Termination

I am a homeowner in the state of Florida who entered into a contract with a general contractor to perform drywall repairs, painting, and baseboard replacement due to water damage, pursuant to scope outlined under an insurance claim. The contractor subcontracted the drywall repairs and painting but was delayed several days in a row due to gross miscommunication between the contractor, subcontractor, and other subcontractors hired by the subcontractor as to the scope and schedule. I gave the contractor the opportunity to get the project back on track, and the issues repeated over several days. Drywall work was ultimately completed, but I had to move my family to a hotel and have them stay for longer due to the confusion and delays on the part of the contractor/subcontractors relationship. Afterwards, there was similar miscommunication surrounding the schedule for painting between the contractor and subcontractor, where only one room was completed in one day, as opposed to the entire house in two days. I no longer want to work with this contractor due to the constant miscommunication between contractor and subcontractors and lack of reliability in schedule (attributable to the contractor working on a higher-priority historic home restoration). Do I have a legal right to terminate the contract at this point, provided that I pay the contractor for actual costs incurred for services already provided? The contract does not have any provisions for termination nor outlines a schedule for completion of the work.

1 reply

Dec 23, 2021
I'm not a lawyer, but it sounds like your contractor only later mentioned his other ongoing commitments as an excuse for the delays. It seems also that his problems with his subcontractors were also mentioned after your fair complaint, to buy time. Both of these omissions amount to slyness, which you couldn't have anticipated, unless you're as sly as they, which you're not. btw, did your contractor come recommended/referred?
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