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Landscape Construction Contract

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adri79

Junior Member
What is the name of your state (only U.S. law)? New Jersey

We have a large renovation happening in our yard in contract with a local landcape construction company. They have already passed our "verbal agreement" date of completion. The owner has a new excuse every day as to why the workers are not here. Some examples are broken machine, broken transportation, being sick, running late-then not showing up. The owner will literally tell me they are coming and not show up. They end up working maybe 1 day a week. I realize I do not have a written date of completion. There was another discussion with the owner of the company who states the job will be done by Aug. 21 2009. Today we were faced with another excuse that both of the company transportation trucks were in the shop and they couldn't get here. I responded with the fact that they did not need trucks to get the job done being that the machines and material are here, renting a vehicle to get the workers here makes the most sense. The owner seems to be avoiding our calls. My question is, can we really pursue anything legal being that there is no finish date written in the contract? I'm afraid the contractor may just take off and not complete the job having been pd. the 1st and 2nd dep (3rd and final to be after completion). Any advice is greatly appreciated.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? New Jersey

We have a large renovation happening in our yard in contract with a local landcape construction company. They have already passed our "verbal agreement" date of completion. The owner has a new excuse every day as to why the workers are not here. Some examples are broken machine, broken transportation, being sick, running late-then not showing up. The owner will literally tell me they are coming and not show up. They end up working maybe 1 day a week. I realize I do not have a written date of completion. There was another discussion with the owner of the company who states the job will be done by Aug. 21 2009. Today we were faced with another excuse that both of the company transportation trucks were in the shop and they couldn't get here. I responded with the fact that they did not need trucks to get the job done being that the machines and material are here, renting a vehicle to get the workers here makes the most sense. The owner seems to be avoiding our calls. My question is, can we really pursue anything legal being that there is no finish date written in the contract? I'm afraid the contractor may just take off and not complete the job having been pd. the 1st and 2nd dep (3rd and final to be after completion). Any advice is greatly appreciated.


**A: since there is no completion date listed in the contract, they are not required to complete any time soon.
 

tranquility

Senior Member
A couple things. First, the court can supply any missing terms in a contract and they will give a reasonable time to complete in this case. What that is depends on the facts. Second, the parole evidence rule only applies to prior or contemporaneous statements, here we have a post contract statement as to the finishing time. Is it a contract? Probably not as there is no consideration, but I'd argue it explains the understanding between the parties.

I'd send a letter to the owner CRR, concerning the problem and why you don't think they will finish by that date (Aug. 2009) and say that within 14 days you need written assurances they will complete the project by then or you will consider them in breach of the contract. (Anticipatory breach.)

Sure, you're blowing a little smoke, but it will establish expectations. If they don't respond by the reasonable time listed in your letter, sue them for breach. If they respond with assurances of completing by that date, you have the missing term. If they respond with no assurances as there is not a date, then you need to sue and you will have a court determine the missing term.
 

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