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Time is of the essence" in a construction contract. what…

Customer Question
Quot;time is of the...

Quot;time is of the essence" in a construction contract. what damages can i collect if my only direct consequential loss was inconvenience? I was scheduled to relocate to my winter home Nov1; contract was due for completion mid September, but still not completed. Some minor out of pocket losses, but my main greivence is that I am stuck here waiting for job to finish when my home in Florida is sitting vacant. Contractor has no excuse for delay except over scheduling on his part. Contract provides for binding arbitration. It appears as if job will eventually be completed and it is a good job overall and i would be happy except for the delay.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Not a real estate issue! This is a swimming pool contract. North Carolina law is relevant. I am a lawyer myself, but this is not my area of specialization; unless you know more than I do, don't waste our time, please!

Lawyer's Assistant: Has anything been filed or reported?

Like what?

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 hours by:
12/23/2017
Real Estate Lawyer: Asad Rahman, Lawyer replied 2 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,349
Experience: Practicing Attorney with 10 years experience
Verified

At this point the out of pockets, any utilities owed at your current home are the damages recoverable. Your mortgage payment, if any, on the prior home could also be included.

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Real Estate Lawyer: Asad Rahman, Lawyer replied 2 months ago

Sometimes construction contracts have a "liquidated damages" provision that says what the penalty is for delays in schedule.

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Real Estate Lawyer: Asad Rahman, Lawyer replied 1 month ago

Please let me know if you have any additional questions, otherwise a positive rating would be greatly appreciated.

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Real Estate Lawyer: Asad Rahman, Lawyer replied 1 month ago

Please let me know if you have any additional questions, otherwise a positive rating would be greatly appreciated.

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Asad Rahman
Asad Rahman
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Category: Real Estate Law
Satisfied Customers: 2,349
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