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Question pertains to a schedule and a GC claiming dates contrary to dates given

Ohio

GC has been sending out delay of job notices and notices pertaining to possible damages being charged to us surrounding dates on elevations of a building pertaining to their completeness and the dates that they are specifying are completely different than the dates that they put in their construction schedule how can they legally blind people to dates contrary to their construction schedule

2 replies

Oct 4, 2022

The short answer is that they can't legally bind you to a date that was not agreed on. The long answer is, if the project was delayed for some reason, the GC can and may try to pin the blame on you, the sub, rightly or wrongly. 

The GC has a host of reasons to do this. First, the GC is probably more equipped for a legal fight and has more resources. Second, because of the first reason, the GC may believe there is little chance that you, the sub, challenge the GC. Third, it saves the GC money in the short term, and so the GC can kick the can and hope that none or only a few of the affected subs actually fight the required legal battle to get paid. 

I would make sure you document like crazy from now on, only written communications, or send a follow-up after a phone call. I would also read the contract again, especially the schedule section, and get all of the schedules and changes to schedule, so that you are sure you're correct. Then I would timely lien the project and get ready to sue in order to get paid. 

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