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what about unreasonable delays

ArizonaConstruction Contract

We signed a contract for an attached pergola patio cover on April 15 2020. The contract states a start date of approx Apr 25 and a fished by approx may 15. It is now May 29 and nothing has been started. Do I have any options to cancel or hold the company liable for failure to even communicate the problems they are having with the project?

5 replies

May 29, 2020
I would need to look at the contract to see if there is any provision that might apply specifically to this situation. If there is a specific provision that applies, then those terms govern. As a general matter, what you are describing would likely constitute a material breach of the contract allowing you to terminate and use someone else. It would also be significant if you have any communications from them explaining or confirming that they are not able to perform as required. Check the contract language. Consult a lawyer if you have any questions about what that language means.
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May 29, 2020
The contract states that it is a violation of contractors license law if significant work is not started within 20 days of the proposed start date. It also states that terms (price) are only valid for 30 days. Thanks for your advice
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May 29, 2020
I don't want to give an opinion without seeing the whole thing, but that contract language is very favorable to you if you are inclined to cancel the contract and pick someone else. If you do, you will want to send a written communication citing those provisions and explaining that you are treating the contract as breached due to the failure to start and complete on time, and explaining that the price is no longer effective under the terms of the contract. The reason you do that is because without a price, you (in most circumstances) don't have a contract. It's too important of a term.
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May 29, 2020
Thank you - thatis what I was thinking and being worried that they may say they can not do it for the price we agreed upon. or try to charge more when it is completed. Thanks again for your response.
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Jun 16, 2023

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