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How do I get rid of my contractor?

MassachusettsConstruction ContractNotice of Termination

My house is under contract— we are having an addition added. We were told that the house would take max. 16 weeks. Here we are almost 5 weeks later and nothing much has been done. Our contractor is not helpful, he doesn’t communicate well with my husband or I on what the next steps are & when they will take place. He ignores our phone calls. He has lied to us on several occasions now regarding when permits were being signed off. He sent over a work high on drugs. Today, a subcontractor came here looking for money from him. (Money we have already paid.). We want to get rid of him. What’s the best way to do it?

2 replies

Feb 7, 2020
If the contract for work has a termination clause, then the terms of that termination clause should certainly be followed. Based on the language contained in the contract, there may be an opportunity to cleanly terminate the agreement for cause due to a material breach in the contract. And, while it might not be the preferable option, an owner may be able to terminate the agreement for convenience if the contract allows for it. To determine whether the contract can be terminated for cause/for breach, it will be important to assess if/how they've run afoul of the contract. Minor issues might not provide a sound basis for terminating the agreement, but bigger issues - or a collection of many issues - might. And, owners will want to do what they can to avoid a claim of wrongful termination. It's hard to provide black and white answers as to whether specific incidents constitute material breach - but, consulting with a local Massachusetts construction attorney might provide helpful insight. They'll be more familiar with what kinds of situations give rise to proper termination there. So, ultimately, everything should tie back to the contract when terminating a contractor. If the contract provides specific steps for terminating the agreement, those steps should be followed. But, even if the contract doesn't specifically require it, it's a good idea to provide written notice of the termination. And, that notice should typically identify specific incidents and details giving rise to the termination, as well as citations to the contract showing where the contractor has breached the agreement.
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Feb 7, 2020
You have to be very careful about firing a contractor.  You want to find them in breach of their contract with you.  Feel free to give me a call.    
Sincerely,

 Andrea

Goldman Law Group 60 Austin Street, Suite 210                                                 Newton, MA 02460                                                                  T: 617-953-3760  F: 617-321-4191   agoldman@goldmanlg.com www.GoldmanLG.com “Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog"  www.andreagoldmanlaw.blogspot.com
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