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Do I have legal grounds to terminate my contract and what is the proper way to move forward

New YorkConstruction ContractMechanics LienNotice of Intent to LienNotice of TerminationRight to Lien

I am a contractor who needs to terminate my sub-agreement with a designer who is under contract with the homeowner for a project. I am responsible for the removal of the popcorn ceiling throughout the unit, some skim coating/texturing work in the bathroom area, and painting throughout the unit. There is another GC who is responsible for the renovations to the rest of the bathroom and the kitchen. My reason for termination is complete and total incompetence on the part of the designer and her GC. In fact, I believe the GC has purposely sabotaged our attempts to complete our portion of the work being done. We were first in and removed the popcorn ceiling, skim coated, and final sanded within the first four days. Since that time, I have been jerked around, lied to about progress on other components, and have been put under pressure to do things that are not in my agreement nor am i insured to do. In fact, the designer has also tried to get my worker to do things for her while I’m not there - things that I already said “no” to. This is now going on two months. I, or my worker, have shown up to continue doing our part of the contract only to find out that we were lied to and the work by the GC that needed to be done was not done. After a nasty conversation with the designer this morning who threatened to destroy my reputation online if I walk away from the painting portion of the contract, I need to know what my options are and the proper steps to move forward. Even though my proposal was a lump sum proposal and did not break down the individual components by cost, she owes me money for the work already completed, materials which were just purchased, and trip charges for the 7 times that I showed up in the last two months to work and could not. Please point me in the right direction... Best regards -Ed

1 reply

Sep 11, 2020
If I understand correctly, you have a contract with the Owner and another GC and the Owner's designer are causing issues? If you have a separate agreement with the Owner's designer, that may complicate things. However, ultimately your right to terminate is likely controlled by your contract, which may have a provision setting forth the procedure for terminating, and even listing some possible reasons for termination. If the contract is silent on your right to terminate, you still have rights. If the Owner (and/or designer) has breached their contract(s) with you, then you should notify them of the breach, given them a reasonable time to cure their breach (3, 5, or 7 days, etc.), and let them know you will terminate the contract if the breach is not cured in that time-frame. From your post, it sounds like any dispute/lawsuit will be hotly contested by the Owner and designer, so you will certainly want to factor in the amount of money you are owed into any decision on how to move forward.
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