Can I break this contract?

[zcat]

I live in Delaware, and hired a contractor from Maryland to abandon by inground pool. I signed a contract with them, but didn't include an end date for the work (I know, stupid). They verbally told me it should take 2 weeks, weather permitting. They started filling in the hole on May 3rd. Now it's the end of June, they're not finished and they haven't done any work in the past 2 weeks. I've called them to ask when they're coming back, and they keep telling me "tomorrow", but no one ever shows up. I still owe them 1/3 of the total bill, to be paid when completed. I've talked to another contractor who says he can finish the job, but I don't want two contracts on the same job. I'm going to call the first contractor to ask if I can get out of the contract, but if they don't agree, can I break the first contract and not have them come back to me for the rest of the money? I feel I can claim they didn't finish the job in a reasonable amount of time. Other contractors have told me the job should have taken a week. Weather has been a bit of a factor, but they've had plenty of sunny days to finish.

If they do agree to walk off the job, what should I get from them in writing?

Please help! I've lived with a mud pit or huge hole in my backyard for 11 weeks!! Thanks.

 

[lawrat]

you can break it. since it seemed they had a willful breach, they shouldn't be paid anything more. what they owe you is the diff between the contract price and the cost to complete (with another contractor).


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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.