<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ckg7498:
In april I sign a building contract and put a down payment on a 30x50x12 barn. The contract stated a tentative start date of July. It is now the end of August and there is no barn in sight. I keep calling and the last date I was given was the end of september, but it keeps moving back!!!! How binding is a tentative date? Can I ask for a discount or even void the contract and get my down payment back? Thanks for all replies
CKG7498<HR></BLOCKQUOTE>
A tentative date is just that and not binding at all. I can not answer your last question due to that fact that I do not know what the language is in your contract with respect to various conditions. These conditions would include but not be limited to the following: when the start date is and how the date is determined, default and delay clauses ie. weather, acts of God, lack of workers, lack of building materials, owner requested changes, building inspector, architect, engineer inspections/directives/changes, building permits, violations, any delay damages specified, etc.
Is this contractor licensed and do have a building permit for the barn construction? Did you verify his liability and workmans compensation insurance? When is the completion date scheduled and how long did this guy say the project would take? What are the excuses given by the contractor as to why the project is being delayed so long? Is he working on other projects? Did he use the money you gave him for other projects ie. buying building materials, paying workers etc.? Maybe you should send a certified letter demanding that construction commence on or before Sept 25 2000 or the contract will be terminated due to abandonement of the project and all deposits must be returned. Now you will have to watch this contractor like a hawk once the project is started. He can start then disappear for weeks on end and promise it will be completed by Christmas 2001.
Signed,
Farmer John
