Home>Levelset Community>Legal Help>Is there any situation which my builder is NOT in breach of contract if he withdrew because of incapacity ?

Is there any situation which my builder is NOT in breach of contract if he withdrew because of incapacity ?

GeorgiaConstruction Contract Lawsuit

My general contractor resigned the job because of incapacity after signing a building contract. The final total exceeded the maximum allowable cost in the contract for the build . More than the entire cost overrun is attributable to his expenses and his subcontractors. I assumed the general contractor role and went under budget on my expenditures, but my underage was less than his overage. Considering the fact that his costs are totally responsible for exceeding the maximum allowable cost, under what, if any, situation is his withdrawal NOT breach of contract?

1 reply

Feb 20, 2020

Without a thorough review of the project documentation and relevant circumstances, it's hard to say for certain whether a certain situation would constitute a material breach of contract. However, failing to complete the work and creating a situation where the customer had to come in and finish the oversight of the project would seemingly be a very serious, and maybe material, breach. Honestly, issues of much less significance can constitute a material breach of contract and lead to damages. If there have been serious cost overruns and disputes on this job, and if a breach of contract claim might be pursued, it would be wise to reach out to a local Georgia construction attorney about representation. Their help would be extremely valuable in navigating potential claims and pursuing recovery. For further discussion on breach of contract: Construction Contracts | A Deep Dive on Breach of Contract.

0 people found this helpful

Helpful