Closed on Our home Jan 2020. Had separate landscape contract to be completed by may31. No one has come yet and our contract is past deadline. What are my options?
Failing to abide by the project schedule could absolutely result in a material breach of contract. However, keep in mind that some leniency may be in order considering the current outbreak and shutdowns. And, reaching out to the contractor to try and get them to come to the site and perform their work might be a better first step.
Still - if payment has already been made on the contract, demanding repayment or that the contractor come out and do their work might be a good first step. Giving the contractor a hard deadline on when work must begin could pressure them to return to the site, or it could at least strengthen the argument that termination is appropriate.
If that doesn't get the job done, then terminating the contract may be in order. If your contract contains termination provisions, the terms of those provisions should be followed to avoid a wrongful termination situation. Though, serious delays may result in a valid termination for cause.
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