I hired a GC to remodel a commercial space for my business, he's refusing to provide update on Fire Sprinkler Modification permits that is required for the project. According to contract signed, the remodel project is supposed to take 30 working days. Start date was June 24th and completion day was supposed to be August 5th 2022. Every time I request update, he responds with information that has nothing to do with the fire sprinkler and tells me project is on hold, that we have to wait for the city to approve the permit. The problem is he has not submitted an application/drawings for the sprinkler system (Confirmed from the city) and without the fire sprinkler permits, the project is at a standstill. I sent a warning letter that if the project is not completed by the end of August (15 working days grace period), I will deduct 10% of the total contract for every week my project is delayed to cover cost that may have accrued. He threatened to ''make a scapegoat out of me if he has to'' and I'm wondering if it's because I'm a woman or because I did something wrong. I don't know how to proceed, I am loosing time and money because the free rent period I got ended in the month of July. I paid rent in August and its looking like I will have to pay for the month of September without generating any revenue. Please Advice.
How to proceed will largely depend on your contract with the GC.
You may have grounds to terminate the difficult GC and hire someone else. However, this option comes with risk. If your termination is not warranted by the contract, terminating the GC could be grounds for the GC having a breach of contract claim against you. It would be smart to have an experienced attorney review your contract before taking any steps to terminate the GC.
Another option is to see if the city will grant a temporary certificate of occupancy while the permit with the fire sprinkler is submitted and finalized. This may be a longshot but it is worth discussing with the building inspector/city to see if it is an option.
This answer is general and should not be construed as legal advice, as we do not know the specific facts of your legal issue. Any comments provided are general and not meant to create an attorney-client relationship. If you would like more information, feel free to contact our office. Thanks, Mario Lamar, Attorney at Allen Bryson, PLLC, 4131 N. Central Expwy, Suite 900, Dallas, Texas 75204 (214-586-0722); mlamar@allenbrysonlaw.com.
Dear consumer,
You need to contact a lawyer immediately to him or her review your contract and follow the breach portions explicitly, before doing anything else. I would also document everything in the meantime with written confirmation of the contract violations and permit procedures with the city. How much have you paid the contractor and how much is the total contract?