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What should I do now that the contractor has walked off the job ?

MarylandConstruction Contract

In the process of having a pier construction . Already paid $3,000 when signed , $7,000 to start . Next 50 ft completed , another $7,000 . We have had 150 ft. completed of the 475 ft. During a negotiation for a change order , the first , over the phone , the Contractor agreed to extend the pier out to the original footprint and install to mooring pilings for an additional $2000.00 . He had previously included a 50 ft. walkway through the marsh for free . I stated we would wave the for free and he agreed to build it for $700.00 materials and labor . In the change order he had not included the mooring pilings and shortened the walkway to 10-12 ft. long for the $700.00 . After he attempted to shout me down over the phone and threatened to walk off the job , I declined to talk with him any further and ended the call . Then he pulled the crew off the the job . What should be my next move ?

1 reply

Apr 28, 2020
This is a complex situation. Is every 50 feet valued at $7k, ie, a roughly $66k total contract price? It seems from your question that you have paid $17k to date in exchange for the $150 feet of built pier, in which case you are "ahead" of the curve (although I may have misunderstood and you've only paid $10k). In general, when a situation breaks down with a contractor, an owner should terminate the contract strictly per the contractual termination procedure, which may require one or even two notices and an opportunity to cure, and then re-procure the remaining work from a second contractor. In the event the second contract costs more than the remaining work on the first contract, a lawsuit can be initiated to collect the difference. It is imperative to seek experienced legal advice to ensure you have met all the contractual obligations you may be subject to, and that it is in fact the contractor who is in breach and not you.
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