I am having an addition put on the house. We've defined a payment schedule with completion requirements. The construction contract was signed on May 28th and it's still not completed. Unfortunately, there wasn't a timeframe for completion in the contract so I don't believe i can get out because it's taken far too long to complete. My big problem is that his subcontractors have started coming to me saying they haven't received payment from him and are asking me to pay them directly. The subs said they can have a lawyer write up a release saying I'm paying them directly and won't own that money to my contractor. The payments outstanding to the subs plus the money already paid to the general contractor would nearly put me at the total cost of the job. Should I pay the subs directly? Can I recoup money from the contractor? Can I get out of the contract and recoup money?
You can make a demand and put in a date, and mentioning the upcoming winter and need to have an intact (and heated) building envelope would help. However, there are many other issues that you seem to be encountering, starting with the subcontractors (and the mechanic's liens they're likely to file), and your need to formally terminate the contractor and hire a replacement contractor. If you'd like to discuss, feel free to reach out to me at gspaun@wbgllp.com