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Contractor late on 90 day start date.

Hello, I signed a contract with a Pool company on June 30th, then made a revision which took them until July 30th to work out the contract for. It’s now almost 90 days past the second contract signing and I have no dig date in sight. Anything I can do?

1 reply

Oct 25, 2019

Ultimately, what options may be available will come down to what's in the contract for work. If the contract has a strict start date set out, missing that date by a wide margin may well be considered a breach of contract. And, if the contract has been breached, an owner may be entitled to terminate the agreement - especially if that's specifically contemplated in the agreement. Alternatively, you might be able to try and leverage a potential breach into forcing their pool company into beginning work sooner. If there isn't anything in the agreement regarding when work will be completed, there's still a chance that the contractor is in breach of the agreement. After all - 90 days is a long time for there to be no dig date set. How to get the project going Inquiring when work will begin might be a good first step. Or, escalating things a bit further, demanding that the project is commenced soon - or at least demanding a dig date be put on the calendar - could be enough to get things moving in the right direction. If the pool company is being vague or non-committal, it might be helpful to threaten to cancel the contract if work isn't scheduled soon. That might put some pressure on the contractor to finally hold up their end of the bargain. And, if they still refuse to move forward with the project, then termination could allow an owner to proceed with a different pool company. If terminating the contract becomes necessary, be smart about it If the contract has set terms that should be followed in order to terminate the agreement, then those guidelines should be followed. But, if the contract does not indicate how termination should be undertaken, it's a good idea to proceed cautiously. Putting all communication in writing - including the Notice of Termination - will be helpful if there's a dispute later on. Potential fallout from terminating a contract Any time a contract is terminated, there's the potential for dispute. But, in a situation where a contractor hasn't performed any work, hasn't provided any materials, and hasn't otherwise incurred any costs associated with the project, it should be easier to obtain a relatively-clean break. Plus, if a contractor fights a termination tooth and nail, asking them to instead perform the contract, as agreed-upon, is still an option. Additional resources I hope this was helpful. If termination does become necessary, here are some resources that should be valuable: Wrongful Termination | When is Termination Considered Wrongful? How a Termination Clause Works in a Construction Contract Termination for Cause | When Can Construction Contracts Be Terminated for Cause? Termination for Convenience | Can Your Customer Terminate You Without Good Reason?

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