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what to do if the contractor did not apply for extension of time and the contract period has expired?

TexasConstruction Contract
Anonymous Contractor

Extension of time in construction projects when contractor has not yet paid for his performed work

3 replies

Levelset Admin at Levelset
| 997 reviews
Sep 26, 2019
I'm not entirely sure I understand the situation. It's common for a construction contract to extend past it's schedule. While that's unfortunate, it usually isn't a great cause for concern. Even if the schedule isn't strictly followed, the contract will still generally maintain full force and effect. Though, a massive deviation from the project schedule might result in a breach of contract. Further, it's also relatively common for a contract to include specific penalties for delays. When a contractor has run past the anticipated project schedule, it's likely a good idea for them to reconvene with the property owner and set up an updated project schedule in order to keep everyone on the same page and to temper expectations. Note, though, that if the contract allows it - delay penalties might come into play. And, if a contractor wants to get back on schedule, that might take additional efforts through fast-tracking, crashing, or trade stacking.
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Devora Pendleton
Mar 17, 2021
Thank You. My contract ran out in January ( March now). When I asked for a schedule for the project and the payment arrangement, GC replied he was not sure when he will be back, “a lot of stuff to figure out”. If I need to hire crews to complete other projects ( not what the GC was hired to do but other crews that were waiting on his crews), go ahead. The biggest project in the contract still needs to be done. (Not paid for, no deposit) I feel kinda abandoned, like a one night stand! Devora
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Devora Pendleton
Mar 18, 2021
Hello Anonymous Contractor. The General Contractor with whom I have the contract, has been fully paid for all work performed, has notated that with a receipt, and has refused to accept a down payment for the remaining project in the contract, which expired 2 months ago.
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