Fencing Contract

[Tewksbury]

I live in NJ and hired a local fencing company to install a fence. The materials arrived 3 weeks ago. They have put in a total of about 4 days and just several hours each day. We thought (from our initial meetings) that the fence company had a professional installation crew. We understand that they have a supervisor who travels several towns away to pick up Mexican workers for the day and takes them home and (I believe) to other sites since they are only here a few hours each time. EVERYDAY the fence rep PROMISES us that they will be by tomorrow to finish the job. It has been a week since any work has been done and we get the same promise every night. This is hardly what I call a "timely manner" and am extremely fustrated.
We have paid 1/3 deposit of the job. They have already asked for a second payment but we have refused until work is done and they didnt seem too bothered about that.
What can we do?
Thank you.

 

[I AM ALWAYS LIABLE]

My response:

Not much, unless there was a completion date in the contract, and penalties in the contract for each day that the fence remains unfinished after the completion date.

Sounds to me like your contract only has a "hurry up and wait" clause.

IAAL

 

[Tewksbury]

OK I understand and thanks for your help. However, is there ANYTHING we can do? Ie: Can we ask for a copy of the materials list and ask for an agreed upon amount to fire them and contract someone else? We find it unbeliveably fustrating to allow them to keep PROMISING us delivery of service and them have no delivery.
If you would be interested in talking to us further from a legal point of view and if you are qualifed/certified in this type of law, please let us know and we can contact you if you wish.
Thanks.