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Does this constitute negligence/nullify contract?

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C

Chuck Richard

Guest
We live in Idaho and hired a contractor from Washington on a cost-plus basis to build our home. He presented us with a contract as a consultant to our construction project and my wife and I control all monetary disbursements for labor and materials. In his contract he receives 10% of all construction related expenditures during the project and 5% more, upon completion. He also has a provision which entitles him to full payment if he is dismissed after 3 months on the project. He has been on the project since May. His " substantial completion date" as specified in the contract, was 11/23. It is now two months beyond that date and we are still at least 6 weeks away from completion. He has delayed our project with a series of failed building inspections, incompetent expenditures, and poor choices. We have had to modify the framing at additional cost, to pass our local building inspection after three failures to pass. He poured our basement and had our structure framed when it was discovered that we were too close to the city property and we had to file for a variance. These are just a few of the many setbacks that he has caused through his negligence.
How difficult will it be to terminate his contract at no further obligation to him based upon gross negligence and breach of contract?
 



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