contractor project delay

[mc_hockey]

What is the name of your state? NC

I have a fire accident in December 2020. The contractor accepted the restoration job also in December 2020. But now is almost April 2021 now, little progress (maybe only 10%) has been made. Their argument is that the windows are special because "they look special". And they said they ordered the windows in December 2020 but have not received the windows now. I paid 50% of the project cost to the contract in advance.

so the questions:

1. Can I cancel the contract and find another contractor to finish the project?
2. The contractor said the windows manufacture has been delaying the delivery of the windows. Can I ask them to cancel the windows order and just buy windows from HomeDepot or Lowes? The sizes are available. and I don't care how the windows look "special" or not.
3. what else can I do? I suspect if I do nothing, the project will delay into 2022.


Thank you.
Mc Hockey

 

[Ohiogal]

What is the name of your state? NC

I have a fire accident in December 2020. The contractor accepted the restoration job also in December 2020. But now is April 2021 now, little progress (maybe only 10%) has been made. Their argument is that the windows are special because "they look special". And they said they ordered the windows in December 2021 but have not received the windows now. I paid 50% of the project cost to the contract in advance.

so the questions:

1. Can I cancel the contract and find another contractor to finish the project?
2. The contractor said the windows manufacture has been delaying the delivery of the windows. Can I ask them to cancel the windows order and just buy windows from HomeDepot or Lowes? The sizes are available. and I don't care how the windows look "special" or not.
3. what else can I do? I suspect if I do nothing, the project will delay into 2022.


Thank you.
Mc Hockey

It is now March. NOT April. Unless NC uses a different calendar. And December 2021 has not happened yet. So they ordered the windows in December and they haven't arrived? No one can answer your questions 100% legally correct without reviewing the contract and we don't do that here.

You can cancel the contract but there may be penalties and fines and you may not get any money back. You can ask them to cancel the order and buy them from a local store but there may be penalties and fines and it may cost you more to do that. You can call and talk to them. You can read your contract and see what it states about time to completion. You can have a consult with a lawyer who can help answer your questions.

 

[mc_hockey]

It is now March. NOT April. Unless NC uses a different calendar. And December 2021 has not happened yet. So they ordered the windows in December and they haven't arrived? No one can answer your questions 100% legally correct without reviewing the contract and we don't do that here.

You can cancel the contract but there may be penalties and fines and you may not get any money back. You can ask them to cancel the order and buy them from a local store but there may be penalties and fines and it may cost you more to do that. You can call and talk to them. You can read your contract and see what it states about time to completion. You can have a consult with a lawyer who can help answer your questions.

If the windows manufacture delayed the delivery, didn't they break their promise, so make it legitimate to cancel the windows orders? What if the manufacture never delivers? we just wait?

 

[Zigner]

If the windows manufacture delayed the delivery, didn't they break their promise, so make it legitimate to cancel the windows orders? What if the manufacture never delivers? we just wait?

What did the contractor say when you asked them about canceling the window contract and just ordering standard windows from Lowes or Home Depot?

 

[mc_hockey]

What did the contractor say when you asked them about canceling the window contract and just ordering standard windows from Lowes or Home Depot?

They said "oh since we already ordered the windows from them, we have to wait..." which I don't think makes sense. Maybe something fishy. I requested all the documented communications between the contractor and the windows manufacture, will see if they can provide...

 

[quincy]

If the windows manufacture delayed the delivery, didn't they break their promise, so make it legitimate to cancel the windows orders? What if the manufacture never delivers? we just wait?

You need to read the terms of the contract and see what it says about termination.

A foreseeable delay in getting the windows versus an unexpected delay which is outside the control of the manufacturer makes a difference.

 

[Zigner]

They said "oh since we already ordered the windows from them, we have to wait..." which I don't think makes sense. Maybe something fishy. I requested all the documented communications between the contractor and the windows manufacture, will see if they can provide...

They may comply, but they are under no legal obligation to provide that information to you.

 

[adjusterjack]

They said "oh since we already ordered the windows from them, we have to wait..." which I don't think makes sense. Maybe something fishy. I requested all the documented communications between the contractor and the windows manufacture, will see if they can provide...

How much money did you pay the contractor up front?

 

[mc_hockey]

How much money did you pay the contractor up front?

$8000 up front. The total is $12000

 

[zddoodah]

Can I cancel the contract and find another contractor to finish the project?

You can cancel it, but you might be legally obligated to pay the first contractor and may have to sue to get any of the 50%+ that you have already paid back. You can try to find another contractor to finish the job, but what makes you think another contractor can get the appropriate windows any quicker than the first contractor?

Can I ask them to cancel the windows order and just buy windows from HomeDepot or Lowes?

You are free to ask anyone anything you like.

what else can I do?

I'm confident you can do lots of things.

I think the smart thing to do would be to sit down with the contractor (preferably in person but at least by phone or video chat) and say you're not interested in any "special" windows and are far more interested in getting the work done soon and discuss what can be done to make that happen.

How much money did you pay the contractor up front?

$8000 up front. The total is $12000

So...in addition to paying 50% of the price up front, you paid an additional $2,000 even though only 10% of the work has been done?

 

[quincy]

$8000 up front. The total is $12000

If the windows were ordered to your specifics, you could find you are stuck with paying, if the contract terms do not address delays (which it could/should).

 

[adjusterjack]

$8000 up front. The total is $12000

That's where you made your mistake. Never pay a contractor up front. If he doesn't have credit with his suppliers, that's a red flag. Or you can order the materials yourself and have them delivered to your house. Then pay the contractor for his labor when he completes the work. That's your leverage.

 

[quincy]

That's where you made your mistake. Never pay a contractor up front. If he doesn't have credit with his suppliers, that's a red flag. Or you can order the materials yourself and have them delivered to your house. Then pay the contractor for his labor when he completes the work. That's your leverage.

Many if not most contractors will require a deposit. It works both ways. Just as a consumer does not want to get stuck paying for work that is not done or completed, a contractor does not want to get stuck with materials for a job that they can’t use, especially when the materials ordered are ordered to size for a specific project.

 

[mc_hockey]

You can cancel it, but you might be legally obligated to pay the first contractor and may have to sue to get any of the 50%+ that you have already paid back. You can try to find another contractor to finish the job, but what makes you think another contractor can get the appropriate windows any quicker than the first contractor?



You are free to ask anyone anything you like.



I'm confident you can do lots of things.

I think the smart thing to do would be to sit down with the contractor (preferably in person but at least by phone or video chat) and say you're not interested in any "special" windows and are far more interested in getting the work done soon and discuss what can be done to make that happen.



So...in addition to paying 50% of the price up front, you paid an additional $2,000 even though only 10% of the work has been done?

they asked for deposit, so these money was paid when 0% work had been done.

 

[mc_hockey]

That's where you made your mistake. Never pay a contractor up front. If he doesn't have credit with his suppliers, that's a red flag. Or you can order the materials yourself and have them delivered to your house. Then pay the contractor for his labor when he completes the work. That's your leverage.

didn't have experience with restoration contractors, after all, first time got fire accident.