Addition: Breach and Remedy?

[mlmelmo]

An addition is about to start on our house.

On condition in the contract is that the contractor will be on-site to manage all sub-contractor work.

To date, each time the sub-contractor has been here the contractor has not. This has caused a number of issues. My wife now finds herself trying to manage the sub-contractors. My wife has an at home business and was clear (to point of writing in the contract) that she did not have time to manage their sub-contractors and they needed to be on site to manage themselves.

Each time the contractor was told this was unacceptable.

So, this seems like a breach?

Is it a material breach so the contract can be cancelled, recinded or terminated?

If it were a breach, how "severe" does the breach have to be to "fire" the contractor, engage a new contractor and seek compensatory damages?

 

[I AM ALWAYS LIABLE]

An addition is about to start on our house.

On condition in the contract is that the contractor will be on-site to manage all sub-contractor work.

To date, each time the sub-contractor has been here the contractor has not. This has caused a number of issues. My wife now finds herself trying to manage the sub-contractors. My wife has an at home business and was clear (to point of writing in the contract) that she did not have time to manage their sub-contractors and they needed to be on site to manage themselves.

Each time the contractor was told this was unacceptable.

So, this seems like a breach?

Is it a material breach so the contract can be cancelled, recinded or terminated?

If it were a breach, how "severe" does the breach have to be to "fire" the contractor, engage a new contractor and seek compensatory damages?

My response:

Why did you bother posting? Read the damn rules!!

IAAL

 

[mlmelmo]

I did "Construction Breach"

I did a search, while I find a lot of stories I did not find what I was looking for.

My understanding there are breaches and material breaches each which allow different remedies. I thought a material breach was required to terminate?

This did not seem like a material breach though it has a significant impact on my wife.

So, thought I would provide the information and see what helpful information or questions I was provided?

 

[I AM ALWAYS LIABLE]

I did a search, while I find a lot of stories I did not find what I was looking for.

My understanding there are breaches and material breaches each which allow different remedies. I thought a material breach was required to terminate?

This did not seem like a material breach though it has a significant impact on my wife.

So, thought I would provide the information and see what helpful information or questions I was provided?

My response:

No, Dufus.

You PURPOSEFULLY deleted something when you first started to write your post. Find out what I'm talking about, and THEN explain to me why you deleted it.

IAAL

 

[mlmelmo]

What? How do I do that?

So, you somehow can "see" the revisions that I went through in creating this post and think there was something important in there?

How do I see those same revisions, I have not seen that as an option?

Thanks for your help.

 

[mlmelmo]

State is NJ?

BTW the state this is taking place in is NJ.

 

[HomeGuru]

BTW the state this is taking place in is NJ.

**A: and why did you not provide this bit of info in the first place?
Are you really from NY?

 

[mlmelmo]

No NJ...no "field" for state in original post?

I have noticed in other posts is says "What is the name of your state?"

Does the posting window have that as part of the post? The only two boxes for me to fill-in were "Title" and "Message".

As I reviewed other posts I kept seeing the question at the start of the post so decided I needed to provided the information, but it looked like the question was part of the post process and not typed in "What is the name of your state?" by the poster?

I just tested this by starting to create another post and there is no field for this information? Given the importance of this question I thought it might be a required field?

 

[HomeGuru]

I have noticed in other posts is says "What is the name of your state?"

Does the posting window have that as part of the post? The only two boxes for me to fill-in were "Title" and "Message".

As I reviewed other posts I kept seeing the question at the start of the post so decided I needed to provided the information, but it looked like the question was part of the post process and not typed in "What is the name of your state?" by the poster?

I just tested this by starting to create another post and there is no field for this information? Given the importance of this question I thought it might be a required field?

**A: you are correct but look at the top of the page to the right of the FREE ADVICE logo. Read what it states.

 

[mlmelmo]

Contractor decided to claim breach.

So, I guess the contractor sensed an issue and decided to strike first and file a breach of contract against us, you have to love it.

All the note says is "My clients contend you have breached the contract and are liable to ABC Builders for damages. They are retaining your deposit in lieu of an action for damages. If this is not satisfactory to you, I suggest you
consult your attorney."

To date he contractor has not really performed any work since the permit was just approved. The deposit was over 20% of the entire cost

I have asked for a description of actions of the breach and have not gotten a response.

Yes, I have started looking for a construction attorney, but in the meantime.

1) Is there any requirement to provide the detail action for the claim of breach?

2) We still need to have the addition done. Can I assume the contract is terminated and do a better job at finding a better contractor?

3) When I file, if I prove we had not breached but the contractor had breached will I be able to recover legal fees?

4) There is a clause in the contract that states that all disputes shall be resolved by binding arbitration. So, how can they act in this manner? Isn't that act itself a breach.