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How long do I have to wait to consider job abandonment from a contractor?

New York

I hired a contractor to replace a concrete pad on my house and also move a portion of the fence. He has finished the concrete and told me that he would finish the fence job first thing in the morning. (Conversation was on Sunday afternoon, with him finishing the work on Monday morning). I have made many attempts to contact him and he had not responded yet. I have to usually reach out on a daily basis to get updates and timelines, but generally he responds within 12 hours. It's been almost 48 hours since I've last heard from him. I have paid for all the materials as per the quote, but he has not delivered all of the fence materials. I just want to finish the job myself or hire someone else to install the fence.

3 replies

Jun 28, 2022
There is no set answer to your question, but the contract should help guide you in this regard. I can tell you that you may want to be slightly more lenient, and that a follow-on contractor would likely be even more expensive, and take even more time. On top of that, you'd potentially be exposing yourself to a wrongful termination claim or otherwise, which could easily result in a lien. From experience, the timeline you've set forth above does not even come close, unless this is addressed in your contract that is, but even then that is way too harsh. If you're seeking to terminate your contractor, be very careful, follow the contract to the letter, and protect yourself in writing. If you need assistance, please let me know. Remember, taking a hardline stance as outlined above, is not always the best route.
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Jun 28, 2022
Is there a written agreement? Is this project in a locale that requires licensed contractors and written agreements? The question is more complex than you may realize. Abandonment is usually a longer process, but the contractor may have committed other breaches. you need to consult with a local construction lawyer to fully understand your options. your instinct to move on is a good one, but you need to understand the best way to proceed. Good luck
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Apr 29, 2023

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