How to terminate service contract on delayed work?

[aircw2005]

Hi there:

We hired a structural engineer to perform structural design work for our custom home. The engineer keeps delaying the work past his promised date. So we want to terminate the contract with him but haven't notified him yet.

The original contract states that 50% of payment will be paid after the signing and the invoice, the other 50% paid upon delivery of the work. Upon termination, we need to pay services upon termination date.
As of now, he refused to show any proof of the work progress.

We plan to send him an email of contract termination. My questions are:
1. What should we say in that email? Should we ask him to show the proof the work up to the email receipt?
2. Is there any way to not to pay the 50% deposit? We suspect that no work has been performed yet.

Thanks in advance!

 

[quincy]

Hi there:

We hired a structural engineer to perform structural design work for our custom home. The engineer keeps delaying the work past his promised date. So we want to terminate the contract with him but haven't notified him yet.

The original contract states that 50% of payment will be paid after the signing and the invoice, the other 50% paid upon delivery of the work. Upon termination, we need to pay services upon termination date.
As of now, he refused to show any proof of the work progress.

We plan to send him an email of contract termination. My questions are:
1. What should we say in that email? Should we ask him to show the proof the work up to the email receipt?
2. Is there any way to not to pay the 50% deposit? We suspect that no work has been performed yet.

Thanks in advance!

What is the name of your state?

You should not use an email to terminate your contract.

 

[aircw2005]

Sorry for missing, we are in Washington state.

 

[quincy]

Sorry for missing, we are in Washington state.

Thank you for providing your state name.

Why don't you know what progress has been made on your home? Do you live far away?

I suggest that you send a formal letter certified mail, return receipt requested, asking for evidence of the work done so far and costs to date. Keep a copy of the letter for your own records.

For termination of the contract, you will need to follow the steps agreed to in your contract.

 

[aircw2005]

Thanks for the reply. This is for the structural design work and the outcome is an engineering document.

 

[quincy]

Thanks for the reply. This is not for the structural design work and the outcome is an engineering document.

Thank you for the clarification.

The engineer should be able to provide you with evidence of the work he has done so far. I would request this evidence and his costs to date.

Good luck.

 

[aircw2005]

Thank you for the clarification.

The engineer should be able to provide you with evidence of the work he has done so far. I would request this evidence and his costs to date.

Good luck.

Appreciate the reply! We are concerned of the case that the engineer can come up with a very raw design document and claims that's 99% done, as there is no objective standard listed in the contract. How can we prevent this case?

 

[quincy]

Appreciate the reply! We are concerned of the case that the engineer can come up with a very raw design document and claims that's 99% done, as there is no objective standard listed in the contract. How can we prevent this case?

I am not sure you can prevent it.