Contract Non-Performace

[PashaKutzaev]

What is the name of your state? FL

Hello
I have hired a builder to build a house on my property. The contract was signed in January, and the permit was recieved in April. According to the contract the builder promises to finish work 12 months after the permit was recieved. Two weeks ago the builder installed a drainage pipe on the property. According to the contract the cost of the drainage pipe labor is 1000$, (the drainage pipe was provided by the county at no charge). Today , two weeks later, the builder called me and informed me that the installation, costs another 1400$ extra.

First Q. Do I have to pay the builder the extra charge for installation. (when, there are no unforseeable costs, and the total labor in terms of length and depth was described in the contract.)

Also, I am doubting that the contractor can finish building in the one year time frame, and is so late that he wants to either charge me more just so that I reject the contract, or refuse further construction due to this unpaid overcharge. Please send me as much advice as possible. thank you.

 

[seniorjudge]

What was the total price in US$ of the contract?

If it is a substantial amount, I would hire a real estate attorney in the county where the real estate is located. That lawyer should determine if the builder has breached the contract.

If so, the lawyer may advise you to file a lawsuit against the builder.

 

[BelizeBreeze]

According to the contract the builder promises to finish work 12 months after the permit was recieved.

Unless there are specific conditions within the contract that stipulate grounds for breach OTHER THAN the one-year limit, until that limit has been reached, there is no breach.

 

[seniorjudge]

anticipatory breach
n. when a party to a contract repudiates (reneges on) his/her obligations under that contract before fully performing those obligations. This can be by word ("I won't deliver the rest of the goods" or "I can't make any more payments") or by action (not showing up with goods or stopping payments). The result is that the other party does not have to perform his/her obligations and cannot be liable for not doing so. This is often a defense to a lawsuit for payment or performance on a contract. One cannot repudiate his obligations and demand that the other person perform.
See also: breach contract

http://dictionary.law.com/definition2.asp?selected=2409&bold=||||


Sometimes, a contract may be "anticipatorily breached." This is exceptionally difficult to prove (in my opinion).

 

[BelizeBreeze]

Sometimes, a contract may be "anticipatorily breached." This is exceptionally difficult to prove (in my opinion).

Which is why I ignored that tactic.