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Can my contractor demand more money when I Have already made the required progress psyments

CaliforniaPayment Disputes

Our remodeled started in October 2019. Was supposed to be completed March 31, 2020. Before Covid hit. Contractor was already behind schedule. Now 16 months later. They are wanting more money to complete phase 2 of project. I have already given them more than 1/2 of what is owed and afraid they will drag this job out another year and blame it on Covid. I have explained to them . I will not release anymore finances until job is completed. Now they have threaten they will not start until I give them more money. They are supposed to start on Monday and finish March 31st. 1 year later? My elderly father has been inconvenienced and has cost us out of pocket over 35k on top of what we have paid them ... pls help !

1 reply

Mar 15, 2023

A lot will depend on the terms of your specific contract. It may be beneficial for you to retain an attorney to look over the terms of the contract. For example, there may be provisions that allow for price increases, delays, etc. 

In general, though, if a contractor has failed to follow the terms of the contract regarding price, timeline, work performance, etc., you may have a claim for breach of contract. 

One defense to a breach of contract involves impossbility - meaning, if a contract cannot be performed, then there may be an excuse of performance. Imagine a situation where a couple has rented a venue for their wedding on April 2. If, on April 1, a tornado sweeps through and knocks the building down, the venue owner would have a good reason to not comply with the obligation in the contract to rent out the space to the couple - because there is no longer a space in existence! That is an extreme example, but the concept of impossibility has arisen due to Covid and the subsequent supply chain issues. Courts are just now working through these breach of contract cases to decide if Covid-related delays are valid for late work/price increases/etc. It will likely be some time before a definitive standard on these issues arises.

Given that so much of a breach of contract claim depends on the terms of the specific contract, I strongly suggest you contact an attorney. Even if you just paid for an analysis of the contract and memorandum advising as to next step options, it would be money well spent.

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