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Subcontractor not compling in a timely manner.

antbuild's picture

We have started a small general contract company this year and could use some advise in handeling a slow and difficult contractor. I have signed a hand written Quotation/Invoice on wrough iron fabrication and installation stating the material, delivery and installation with 50 % down.  We have repeatedly ask him ( via email and phone calls ) to commit to a date on completion, if not we would take another coure of action.  I have consider bringing in another contractor to step in and complete the work with any material from the first sub.  Are we committed to this contract and terms 50% dn - 50% on completion.

Look forward to hearing from you.

post the contract you have (post #196756, reply #1 of 4)

scan or photo of this contract posted here might help out.

A Great Place for Information, Comraderie, and a Sucker Punch.

Remodeling Contractor just outside the Glass City.


http://www.quittintime.com/

 


You have probably (post #196756, reply #2 of 4)

agreed to a contract, although I would not say that's 100% clear. 

If the contract did not include a completion date, then that's probably not part of the deal.

In general, if you are party to a contract, and the other party does not perform, you can bring legal action for remedy.

Welcome to the world of contracting. You place great trust in others to get your jobs done as needed. Sometimes it becomes problematic. If you have given this guy 50% then I would say you're either going to have to wait for him, or else let the money go and get someone else on the job. If you act unilaterally without proper legal advice you may actually be sued by the sub.

The offeror is liable for ambiguity (post #196756, reply #3 of 4)

In contracts the one who offered the contract is generally the one who is held responsible for any vaguarities or ambiguities. 

So, if you offered teh contract to him, with out a timely performance clause, it will be hard to recover from him for any delays. 

dig this jig.......... (post #196756, reply #4 of 4)

ant hasn't responded in a timely manner, either.

Must be the water.

A Great Place for Information, Comraderie, and a Sucker Punch.

Remodeling Contractor just outside the Glass City.


http://www.quittintime.com/