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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: 7 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 7 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,556
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 7 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 7 months 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 7 months ago

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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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