I am a client and the construction company took a vacation and was supposed to come back on the 5th. Yesterday, finally, I was able to have a meeting w him. He said he will continue today but he did not show up again. Please help
1 reply
Mar 13, 2020
If your contractor has abruptly stopped work and delayed the project, then it's possible that they're in breach of their contract. And, if they continuously fail to report for work, that'd seemingly only reinforce the idea that a breach may have occurred.
As for what to do next - ultimately, that depends on the terms of the contract and the desired outcome.
What to do with a nonperforming contractor
If the contract has termination provisions, then an owner may be able to terminate their contractor either for convenience or for cause. And, if a termination is in order, it's important to make sure it's done by the book and in accordance with the agreement.
If the contract is silent about termination (and/or how to proceed with terminating the agreement), then things would become much less cut and dry. To terminate the agreement, an owner would need to be confident that the breach was material, and it'd be smart to send a written notice of termination as well.
Of course, if you want your contractor to simply begin taking the project more seriously, it might be a good idea to try and have an honest conversation with them about the issue. Threatening to terminate the contractor if they don't get the job back on schedule might help too - and providing that in writing could help later on if a dispute erupts later on. Or, threatening to report them to the New Hampshire Office of Professional Licensure and Certification might move things along, too. And, withholding payment is another common tactic made by owners, though that may backfire and escalate a dispute rather than dissolve it.
Ultimately, though, what to do with a nonperforming contractor comes down to the contract, the situation, and the desired outcome of the owner. And, for help aligning your actions with your rights and expectations, it'd be wise to consult a local New Hampshire construction attorney, like Nicholas Holmes. Plus, they'll be more familiar with what kinds of issues might constitute material breach and justify termination in New Hampshire.