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We have a contract with a small concret company, that has…

We have a contract...

We have a contract with a small concret company, that has already been broken. they are more than 10 days behind completion date written in contract. they continue to make empty promises, and job is not not completed. they have "no showed" 2 days, and just tell me "it will be completed" what can I do to ensure the job is completed quickly, since it is now impacting our schedules with work, etc.?

Lawyer's Assistant: Are you hourly or salaried? How many hours per day do you work?

Salary i work the standard 8-5 schedule, from home, and so the work needs to be completed quickly because my wife and I both are remote with jobs. they said it would be completed over the weekend, and worked 3 hours this past Saturday, and no showed yesterday. so now it is interfering with our work, but they just keep telling me, "it will get done sir, be patient". it has been 7 weeks since we signed the contract, and they already cancelled the original job dates.

Lawyer's Assistant: Where are you located? Meal and rest break laws vary by state.

Castle Rock, Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They are here working today, and the owner is saying it will get done, but dosent seem to think the contract has any protection for us, he thinks it is only to ensure we pay for the work. what about the cancellation of original dates, and extra time inconvenience on our end?

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Answered in 4 minutes by:
7/9/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,213
Experience: Attorney with 29 years of experience.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Customer reply replied 1 month ago
Sounds good. Thank you

First, don't worry about the threat of any lien. If the contractor were to place a lien, he would not be able to do anything with it unless he filed a suit and prevailed in that suit. Given your facts, he would not prevail, and the court would simply order the lien released. And, if the contractor doesn't timely pursue the suit, the lien will lapse automatically. It's the contractor who is in default here and you are the one with the recourse. What you want to do is raise the stakes on him so that he knows that not complying with your demands is going to cost far more in the end than simply paying you now. First, get an estimate from another contractor of the cost to properly complete the job. Then, send your existing contractor a certified, return receipt requested letter detailing the history and demand that he either complete the work competently within a short specified period of time or pay you an amount of money so that when the other contractor completes the job, you have paid in total no more than you would have paid him had he completed the job competently. Inform him that if he does not comply with your demand within a short specified period of time, you will have no choice but to file a suit against him for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as gross negligence, fraud, and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this to your satisfaction without a hearing rather than risk punitive damages and the judgments.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 1 month ago
Thank you very much. This is extremely helpful. The crew is here today, working, but has left before mid-day, not to return, so I wanted some "ammo", to simply make their boss prioritize our scheduled job, since they have already technically broken the contract, and caused major inconvenience.

You're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

Richard
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I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time!

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